1978 PUBLIC LAW 93-617-JAN. 2, 1975 [88 STAT.
Public Law 93-617
January 2, 1975 AN ACT
[H. R.17655] To extend for two years the authorizations for the striking of medals in
commemoration of the one hundredth anniversary of the cable car in San
Francisco and in commemoration of Jim Thorpe, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
Commemorative
medals. United States of America in Congress assembled, That the second
sentence of the first section of the Act entitled, "An Act to authorize
the striking of medals in commemoration of the one hundredth anni-
versary of the cable car in San Francisco" (Public Law 93-114),
87 Stat. 417. approved October 1, 1973, is amended by striking out "December 31,
1974" and inserting in lieu thereof "December 31,1976".
SEC. 2. Section 4 of the Act entitled "An Act to provide for the
striking of medals in commemoration of Jim Thorpe" (Public Law
87 Stat. 4 6 1 . 93-132), approved October 19, 1973, is amended by striking out
"December 31,1974" and inserting in lieu thereof "December 31,1976".
SEC. 3. The last sentence of the first section of the Act entitled
"An Act to provide for the striking of medals commemorating the
International Exposition on Environment at Spokane, Washington,
87 Stat. 913. in 1974", approved December 29, 1973 (Public Law 93-221), is
amended by striking out "December 31, 1974" and inserting in lieu
thereof "March 31,1975".
Gold u s e , re- SEC. 4. (a) Except with respect to medals in commemoration of
striction.
the bicentennial of the American Revolution authorized to be struck
86 Stat. 37. by Public Law 92-228 (approved February 15, 1972), no national
medals made for public sale under authority of any law of the
United States shall contain any gold without the express, prior
approval, by law, of the Congress of the United States.
Penalty. (b) Any person who violates this section shall be fined not more
than $10,000 or imprisoned for not more than one year, or both.
Approved January 2, 1975.
Public Law 93-618
January 3 , 1975 AN ACT
[H. R , 1 0 7 1 0 ] To promote the development of an open, nondiscriminatory, and fair world
economic system, to stimulate fair and free competition between the United
States and foreign nations, to foster the economic growth of, and full employ-
ment in, the United States, and for other purposes.
Be it enacted hy the Senate and Bouse of Representatives of the
Trade Act of
1974. United States of America in Congress assembled, That this Act, with
19 use 2101. the following table of contents, may be cited as the "Trade Act of
1974".
TABLE OF CONTENTS
TITLE I—NEGOTIATING AND OTHER AUTHORITY
CHAPTER 1—RATES OF DUTY AND OTHER TRADE BARRIERS
Sec. 101. Basic authority for trade agreements.
Sec. 102. NontarifE barriers to and other distortions of trade.
Sec. 103. Overall negotiating objective.
St'c. 104. Sector negotiating objective.
Sec. 105. Bilateral trade agreements.
Sec. 106. Agreements with developing countries.
Sec. 107. International safeguard procedures.
Sec. 108. Access to supplies.
Sec. 109. Staging requirements and rounding authority.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1979
T A B L E O F C0NTE3SfTS—Continued
CHAPTER 2 — O T H E R AUTHORITY
Sec. 121. Steps to be taken toward GATT revision; authorization of appropria-
tions for GATT.
Sec. 122. Balance-of-payments authority.
Sec. 123. Compensation authority.
Sec. 124. Two-year residual authority to negotiate duties.
Sec. 125. Termination and w i t h d r a w a l authority.
Sec. 126. Reciprocal nondiscriminating treatment.
Sec. 127. Reservation of articles for national security or other reasons.
CHAPTER 3 — H E A R I N G S AND ADVICE CONCERNING NEGOTIATIONS
Sec. 131. I n t e r n a t i o n a l T r a d e Commission advice.
Sec. 132. Advice from departments and other sources.
Sec. 133. Public hearings.
Sec. 134. Prerequisites for offers.
Sec. 135. Advice from private sector.
CHAPTER 4 — O F F I C E OF T H E SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS
Sec. 141. Office of the Special Representative for T r a d e Negotiations.
CHAPTER 5—CONGRESSIONAL PROCEDURES W I T H RESPECT TO PRESIDENTIAL ACTIONS
Sec. 151. Bills implementing t r a d e agreements on nontariff b a r r i e r s and reso-
lutions approving commercial agreements with Communist countries.
Sec. 152. Resolutions disapproving certain actions.
Sec. 153. Resolutions relating to extension of waiver authority under section 402.
Sec. 154. Special rules relating to congressional procedures.
CHAPTER 6—CONGRESSIONAL L I A I S O N AND REPORTS
Sec. 161. Congressional delegates to negotiations.
Sec. 162. Transmission of agreements to Congress.
Sec. 163. Reports.
CHAPTER 7 — U N I T E D STATES INTERNATIONAL TRADE COMMISSION
Sec. 171. Change of n a m e of Tariff Commission.
Sec. 172. Organization of the Commission.
Sec. 173. Voting record of commissioners.
Sec. 174. Representation in court proceedings.
Sec. 175. Independent budget and authorization of appropriations.
T I T L E I I — R E L I E F FROM I N J U R Y CAUSED BY I M P O R T COMPETITION
CHAPTER 1—IMPORT R E L I E F
Sec. 201. Investigation by International T r a d e Commission.
Sec. 202. Presidential action after investigations.
Sec. 203. Import relief.
CHAPTER 2 — A D J U S T M E N T ASSISTANCE FOR WORKERS
Subchapter A—Petitions and Determinations
Sec. 221. Petitions.
Sec. 222. Group eligibility requirements.
Sec. 223. Determinations by Secretary of Labor.
Sec. 224. Study by Secretary of Labor when International T r a d e Commission
begins investigation; action where there is aflarmative finding.
Subchapter B—^Program Benefits
PART I—TRADE READJUSTMENT ALLOWANCES
Sec. 231. Qualifying requirements for workers.
Sec. 232. Weekly amounts.
Sec. 233. Time limitations on t r a d e readjustment allowances.
Sec. 234. Application of State laws.
1980 PUBLIC LAW 93-618-JAN. 3, 1975 [SB STAT.
T A B L E OF CONTENTS—Continued
PART I I — T R A I N I N G AND RELATED SERVICES
Sec. 235. Employment services.
Sec. 236. Training.
PART I I I — J O B SEARCH AND RELOCATION ALLOWANCES
Sec. 237. Job search allowances.
Sec. 238. Relocation allowances.
Subchapter C—General Provisions
Sec. 239. Agreements with States.
Sec. 240. Administration absent State agreement.
Sec. 241. P a y m e n t s to States.
Sec. 242. Liabilities of certifying and disbursing oflScers.
Sec. 243. Recovery of overpayments.
Sec. 244. Penalties.
Sec. 245. Creation of t r u s t f u n d ; authorization of appropriations out of customs
receipts.
Sec. 246. Transitional provisions.
Sec. 247. Definitions.
Sec. 248. Regulations.
Sec. 249. Subpena power.
Sec. 250. Judicial review.
CHAPTER 3 — A D J U S T M E N T ASSISTANCE FOR F I R M S
Sec. 251. Petitions a n d determinations.
Sec. 252. Approval of adjustment proposals.
Sec. 253. Technical assistance.
Sec. 254. Financial assistance.
Sec. 255. Conditions for financial assistance.
Sec. 256. Delegation of functions to Small Business A d m i n i s t r a t i o n ; authoriza-
tion of appropriations.
Sec. 257. Administration of financial assistance.
Sec. 258. Protective provisions.
Sec. 259. Penalties.
Sec. 260. Suits.
Sec. 261. Definitions.
Sec. 262. Regulations.
Sec. 263. Transitional provisions.
Sec. 264. Study by Secretary of Commerce when International T r a d e Commission
begins investigation; action where there is affirmative finding.
CHAPTER 4 — A D J U S T M E N T ASSISTANCE FOR C O M M U N I T I E S
Sec. 271. Petitions and determinations.
Sec. 272. T r a d e impacted area councils.
Sec. 273. Program benefits.
Sec. 274. Community adjustment assistance fund and authorization of appropria-
tions.
CHAPTER 5—MISCELLANEOUS PROVISIONS
Sec. 280. General Accounting Office report.
Sec. 281. Coordination.
Sec. 282. T r a d e monitoring system.
Sec. 283. F i r m s relocating in foreign countries.
Sec. 284. Effective date.
TITLE I I I — R E L I E F FROM UNFAIR TRADE PRACTICES
CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES
Sec. 301. Responses to certain t r a d e practices of foreign governments.
Sec. 302. Procedure for congressional disapproval of certain actions t a k e n under
section 301.
CHAPTER 2 — A N T I D U M P I N G D U T I E S
Sec. 321. Amendments to the Antidumping Act of 1921.
CHAPTER 3—COUNTERVAILING D U T I E S
Sec. 331. Amendments to sections 303 and 516 of the Tariff Act of 1930.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1981
TABLE OF CONTENTS—Continued
CHAPTER 4—UNFAIR IMPORT PRACTICES
Sec. 341. Amendment to section 337 of the Tariff Act of 1930.
TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY
RECEIVING NONDISCRIMINATORY TREATMENT
Sec. 401. Exception of the products of certain countries or areas.
Sec. 402. Freedom of emigration in East-West trade.
Sec. 403. United States personnel missing in action in Southeast Asia.
Sec. 404. Extension of nondiscriminatory treatment.
Sec. 405. Authority to enter into commercial agreements.
Sec. 406. Market disruption.
Sec. 407. Procedure for congressional approval or disapproval of extension of
nondiscriminatory treatment and Presidential reports.
Sec. 408. Payment by Czechoslovakia of amounts owed United States citizens
and nationals.
Sec. 409. Freedom to emigrate to join a very close relative in the United States.
Sec. 410. East-West Trade Statistics Monitoring System.
Sec. 411. East-West Foreign Trade Board.
TITLE V—GENERALIZED SYSTEM OF PREFERENCES
Sec. 501. Authority to extend preferences.
Sec. 502. Beneficiary developing country.
Sec. 503. Eligible articles.
Sec. 504. Limitations on preferential treatment.
Sec. 505. Time limit on title; comprehensive review.
TITLE VI—GENERAL PROVISIONS
Sec. 601. Definitions.
Sec. 602. Relation to other laws.
Sec. 603. International Trade Commission.
Sec. 604. Consequential changes in the Tariff Schedules.
Sec. 605. Separability.
Sec. 606. International drug control.
Sec. 607. Voluntary limitations on exports of steel to the United States.
Sec. 608. Uniform statistical data on imports, exports, and production.
Sec. 609. Submission of statistical data on imports and exports.
Sec. 610. Gifts sent from insular possessions.
Sec. 611. Review of protests in import surcharge cases.
Sec. 612. Trade relations with Canada.
Sec. 613. Limitation on credit to Russia.
SEC. 2. STATEMENT OF PURPOSES. 19 use 2102.
T h e p u r p o s e s of t h i s A c t a r e , t h r o u g l i t r a d e a g r e e m e n t s affording
m u t u a l benefits—
(1) to foster the economic growth of and full employment in
the United States and to strengthen economic relations between
the United States and foreign countries through open and nondis-
criminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a
basis which assures substantially equivalent competitive oppor-
tunities for the commerce of the United States;
(3) to establish fairness and equity in international trading
relations, including reform of the General Agreement on Tariffs
and T r a d e ;
(4) to provide adequate procedures to safeguard American
industry and labor against unfair or injurious import competition,
and to assist industries, firm, workers, and communities to adjust
to changes in international trade flows;
(5) to open up market opportunities for United States com-
merce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less
developed countries in the United States market.
1982 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
TITLE I—NEGOTIATING AND OTHER
AUTHORITY
CHAPTEH 1—RATES OF DUTY AND OTHER
TRADE BARRIERS
19 use 2111. SEC. 101. BASIC AUTHORITY FOR TRADE AGREEMENTS.
(a) Whenever the President determines that any existing duties or
other import restrictions of any foreign country or the United States
are unduly burdening and restricting the foreign trade of the United
States and that the purposes of this Act will be promoted thereby,
the President—
(1) during the 5-year period beginning on the date of the
enactment of this Act, may enter into trade agreements with
foreign countries or instrumentalities thereof; and
(2) may proclaim such modification or continuance of any
existing duty, such continuance of existing duty-free or excise
treatment, or such additional duties, as he determines to be
required or appropriate to carry out any such trade agreement.
(b)(1) Except as provided in paragraph (2), no proclamation
pursuant to subsection (a) (2) shall be made decreasing a rate of
duty to a rate below 40 percent of the rate existing on January 1,1975.
(2) Paragraph (1) shall not apply in the case of any article for
which the rate of duty existing on January 1, 1975, is not more than
5 percent ad valorem.
(c) No proclamation shall be made pursuant to subsection (a) (2)
increasing any rate of duty to, or imposing a rate above, the higher
of the following:
(1) the rate which is 50 percent above the rate set forth in rate
column numbered 2 of the Tariff Schedules of the United States
19 use 1202. as in effect on January 1,1975, or
(2) the rate which is 20 percent ad valorem above the rate
existing on January 1,1975.
19 use 2112. SEC. 102. NONTARIFF BARRIERS TO AND OTHER DISTORTIONS OF
TRADE.
(a) The Congress finds that barriers to (and other distortions of)
international trade are reducing the growth of foreign markets for the
products of United States agriculture, industry, mining, and com-
merce, diminishing the intended mutual benefits of reciprocal trade
concessions, adversely affecting the United States economy, prevent-
ing fair and equitable access to supplies, and preventing the develop-
ment of open and nondiscriminatory trade among nations. The
President is urged to take all appropriate and feasible steps within his
power (including the full exercise of the rights of the United States
under international agreements) to harmonize, reduce, or eliminate
such barriers to (and other distortions of) international trade. The
President is further urged to utilize the authority granted by subsec-
tion (b) to negotiate trade agreements with other countries and
instrumentalities providing on a basis of mutuality for the har-
monization, reduction, or elimination of such barriers to (and other
distortions of) international trade. Nothing in this subsection shall be
construed as prior approval of any legislation which may be necessary
to implement an agreement concerning barriers to (or other distortions
of) international trade.
(b) Whenever the President determines that any barriers to (or
other distortions of) international trade of any foreign country or the
United States unduly burden and restrict the foreign trade of the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1983
United States or adversely affect the United States economy, or that
the imposition of such barriers is likely to result in such a burden,
restriction, or effect, and that the purposes of this Act will be pro-
moted thereby, the President, during the 5-year period beginning on Trade agree-
ments with foreign
the date of the enactment of this Act, may enter into trade agreements countries.
with foreign countries or instrumentalities providing for the har-
monization, reduction, or elimination of such barriers (or other dis-
tortions) or providing for the prohibition of or limitations on the
imposition of such barriers (or other distortions),
(c) Before the President enters into any trade agreement under this Consultation
with c o n g r e s s i o n a l
section providing for the harmonization, reduction, or elimination of committees.
a barrier to (or other distortion of) international trade, he shall con-
sult with the Committee on Ways and Means of the House of Repre-
sentatives, the Committee on Finance of the Senate, and with each
committee of the House and the Senate and each joint committee of
the Congress which has jurisdiction over legislation involving subject
matters which would be affected by such trade agreement. Such con-
sultation shall include all matters relating to the implementation of
such trade agreement as provided in subsections (d) and (e). If it is
proposed to implement such trade agreement, together with one or
more other trade agreements entered into under this section, in a
single implementing bill, such consultation shall include the
desirability and feasibility of such proposed implementation.
(d) Whenever the President enters into a trade agreement under Agreement, bill
draft, and s t a t e -
this section providing for the harmonization, reduction, or elimination ment, submittal to
of a barrier to (or other distortion of) international trade, he shall Congress.
submit such agreement, together with a draft of an implementing bill
(described in section 151(b)) and a statement of any administrative
action proposed to implement such agreement, to the Congress as pro-
vided in subsection (e), and such agreement shall enter into force
with respect to the United States only if the provisions of subsection
(e) are complied with and the implementing bill submitted by the
President is enacted into law.
(e) Each tiude agi^eement submitted to the Congress under this sub- Conditions.
section shall enter into force with respect to the TTnited States if
(and only if) —
(1) the President, not less than 90 days before the day on which Notice to Con-
g r e s s ; publication
he enters into such trade agreement, notifies the House of Repre- in Federal R e g i s -
sentatives and the Senate of his intention to enter into such an ter.
agreement, and promptly thereafter publishes notice of such inten-
tion in the Federal Register;
(2) after entering into the agi'eement, the President transmits Copy, t r a n s -
mittal to Congress.
a document to the House of Representatives and to the Senate
containing a copy of such agreement together with—
(A) a draft of an implementing bill and a statement of
any administrative action proposed to implement such agree-
ment, and an explanation as to how the implementing bill
and proposed administrative action change or affect existing
law, and
(B) a statement of his reasons as to how the agreement
serves the interests of United States commerce and as tQ
why the implementing bill and proposed administrative
action is required or appropriate to carry out the agreement;
and
(3) the implementing bill is enacted into law.
(f) To insure that a foreign country or instrumentality which Recommenda-
tions to C o n g r e s s .
receives benefits under a trade agreement entered into under this
section is subject to the obligations imposed by such agreement, the
President may recommend to Congress in the implementing bill and
statement of administrative action submitted with respect to such
1984 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
agreement that the benefits and obligations of such agreement apply
solely to the parties to such agreement, if such application is con-
sistent with the terms of such agreement. The President may also
recommend with respect to any such agreement that the benefits and
obligations of such agreement not apply uniformly to all parties to
such agreement, if such application is consistent with the terms of
such agreement.
Definitions. (g) For purposes of this section—
(1) the term "barrier" includes the American selling price
basis of customs evaluation as defined in section 402 or 402a of
19 u s e 1401a, the Tariff Act of 1930, as appropriate;
1402. (2) the term "distortion" includes a subsidy; and
(3) the term "international trade" includes trade in both goods
and services.
19 u s e 2113. SEC. 103. OVERALL NEGOTIATING OBJECTIVE.
The overall United States negotiating objective under sections 101
and 102 shall be to obtain more open and equitable market access and
the harmonization, reduction, or elimination of devices which distort
trade or commerce. To the maximum extent feasible, the harmoniza-
tion, reduction, or elimination of agricultural trade barriers and
distortions shall be undertaken in conjunction with the harmonization,
reduction, or elimination of industrial trade barriers and distortions.
19 u s e 2114. SEC. 104. SECTOR NEGOTIATING OBJECTIVE.
(a) A principal United States negotiating objective under sections
101 and 102 shall be to obtain, to the maximum extent feasible, with
respect to appropriate product sectors of manufacturing, and with
respect to the agricultural sector, competitive opportunities for United
States exports to the developed countries of the world equivalent to
the competitive opportunities afforded in United States markets to
the importation of like or similar products, taking into account all
barriers (including tariffs) to and other distortions of international
trade affecting that sector,
(b) As a means of achieving the negotiating objective set forth in
subsection ( a ) , to the extent consistent with the objective of maximiz-
ing overall economic benefit to the United States (through maintain-
ing and enlarging foreign markets for products of United States
agriculture, industry, mining, and commerce, through the develop-
ment of fair and equitable market opportunities, and through open
and nondiscriminatory world trade), negotiations shall, to the extent
feasible be conducted on the basis of appropriate product sectors of
manufacturing.
(c) For the purposes of this section and section 135, the Special
Representative for Trade Negotiations together with the Secretary of
Commerce, Agriculture, or Labor, as appropriate, shall, after con-
sultation with the Advisory Committee for Trade Negotiations estab-
lished under section 135 and after consultation with interested private
organizations, identify appropriate product sectors of manufacturing.
Analysis, sub- (d) If the President determines that competitive opportunities in
mittal to Congress.
one or more product sectors will be significantly affected by a trade
agreement concluded under section 101 or 102, he shall submit to the
Congress with each such agreement an analysis of the extent to which
the negotiating objective set forth in subsection (a) is achieved by
such agreement in each product sector or product sectors.
19 u s e 2115. SEC. 105. BILATERAL TRADE AGREEMENTS.
If the President determines that bilateral trade agreements will
more effectively promote the economic growth of, and full employment
in, the United States, then, in such cases, a negotiating objective under
sections 101 and 102 shall be to enter into bilateral trade agreements.
Each such trade agreement shall provide for mutually advantageous
economic benefits.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1985
SEC. 106. AGREEMENTS WITH DEVELOPING COUNTRIES. 19 use 2lie.
A United States negotiating objective under sections 101 and 102
shall be to enter into trade agreements which promote the economic
growth of both developing countries and the United States and the
mutual expansion of market opportunities.
SEC. 107. INTERNATIONAL SAFEGUARD PROCEDURES. 19 use 2117.
(a) A principal United States negotiating objective under section
102 shall be to obtain internationally agreed upon rules and pro-
cedures, in the context of the harmonization, reduction, or elimination
of barriers to, and other distortions of, international trade, which
permit the use of temporary measures to ease adjustment to changes
occurring in competitive conditions in the domestic markets of the
parties to an agreement resulting from' such negotiations due to the
expansion of international trade.
(b) Any agreement entered into under section 102 may include
provisions establishing procedures for—
(1) notification of affected exporting countries,
(2) international consultations,
(3) international review of changes in trade flows,
(4) making adjustments in trade flows as the result of such
changes, and
(5) international mediation.
Such agreements may also include provisions which—
(A) exclude, under specified conditions, the parties
thereto from compensation obligations and retaliation, and
(B) permit domestic pviblic procedures through which
interested parties have the right to participate.
SEC. 108. ACCESS TO SUPPLIES. 19 use 2118.
(a) A principal United States negotiating objective under section
102 shall be to enter into trade agreements with foreign countries and
instrumentalities to assure the United States of fair and equitable
access at reasonable prices to supplies of articles of commerce which s
are important to the economic requirements of the United States and
for which the United States does not have, or cannot easily develop,
the necessary domestic productive capacity to supply its own
requirements.
(b) Any agreement entered into under section 102 may include
provisions Avhich—
(1) assure to the United States the continued availability of
important articles at reasonable prices, and
(2) provide reciprocal concessions or comparable trade obliga-
tions, or both, by the United States.
SEC. 109. STAGING REQUIREMENTS AND ROUNDING AUTHORITY. i9 use 2119.
(a) Except as otherwise provided in this section, the aggregate
reduction in the rate of duty on any article which is in effect on any
day pursuant to a trade agreement under section 101 shall not exceed
the aggregate reduction which would have been in effect on such day
if—
(1) a reduction of 3 percent ad valorem or a reduction of
one-tenth of the total reduction, whichever is greater, had taken
effect on the effective date of the first reduction proclaimed
pursuant to section 101(a) (2) to carry out such agreement with
respect to such article, and
(2) a reduction equal to the amount applicable under para-
graph (1) had taken effect at 1-year intervals after the effective
date of such first reduction.
This subsection shall not apply in any case where the total reduction
in the rate of duty does not exceed 10 percent of the rate before the
reduction.
1986 PUBLIC LAW 93-618-JAN. 3, 1975 [SS STAT.
(b) If the President determines that such action will simplify the
computation of the amount of duty imposed with respect to an article,
he may exceed the limitation provided by section 101 (b) or subsection
(a) of this section by not more than whichever of the following is
lesser:
(1) the difference between the limitation and the next lower
whole number, or
(2) one-half of 1 percent ad valorem.
du^tio^n'^^effective (^) (1) ^ ^ Teductiou m the rate of duty on any article pursuant to
dat^e! "' ^ "" ^^ r* trade agreement under section 101 shall take effect more than 10
years after the effective date of the first reduction proclaimed to carry
out such trade agreement with respect to such article.
(2) If any part of a reduction takes effect, then any time thereafter
during which such p a i t of the reduction is not in effect by reason of
legislation of the IJnited States or action thereunder, the effect of
which is to maintain or increase the rate of duty on an article, shall
be excluded in determining—
(A) the 1-year intervals referred to in subsection (a) (2), and
(B) the expiration of the 10-year period referred to in
paragraph (1) of this subsection.
CHAPTER 2—OTHER AUTHORITY
19 use 2131. SEC. 121. STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHOR-
IZATION OF APPROPRIATIONS FOR GATT.
(a) The President shall, as soon as practicable, take such action as
may be necessary to bring trade agreements heretofore entered into,
and the application thereof, into conformity with principles pro-
moting the development of an open, nondiscriminatory, and fair
world economic system. The action and principles referred to in the
preceding sentence include, but are not limited to, the following—
(1) the revision of decisionmaking procedures in the General
8 usT 1767. Agreement on Tariffs and Trade (hereinafter in this subsection
referred to as "GATT") to more nearly reflect the balance of
economic interests,
8 UST 1786.
(2) the revision of article X I X of the G A T T into a truly
international safeguard procedure which takes into account all
forms of import restraints countries use in response to injurious
competition or threat of such competition,
(3) the extension of G A T T articles to conditions of trade not
presently covered in order to move toward more fair trade
practices,
(4) the adoption of international fair labor standards and of
public petition and confrontation procedures in the GATT,
(5) the revision of G A T T articles with respect to the treatment
of border adjustments for internal taxes to redress the dis-
advantage to countries relying primarily on direct rather than
indirect taxes for revenue needs,
(6) the revision of the balance-of-payments provision in the
G A T T articles so as to recognize import surcharges as the pre-
ferred means by which industrial countries may handle balance-
of-payments deficits insofar as import restraint measures are
required,
(7) the improvement and strengthening of the provisions of
G A T T and other international agreements governing access
to supplies of food, raw materials, and manufactured or semi-
manufactured products, including rules and procedures govern-
ing the imposition of export controls, the denial of fair and
equitable access to such supplies, and effective consultative pro-
cedures on problems of supply shortages.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1987
(8) the extension of the provisions of G A T T or other inter-
national agreements to authorize multilateral procedures by con-
tracting parties with respect to member or nonmember countries
which deny fair and equitable access to supplies of food, raw
materials, and manufactured or semi-manufactured products, and
thereby substantially injure the international community,
(9) any revisions necessary to establish procedures for regular
consultation among countries and instrumentalities with respect
to international trade and procedures to adjudicate commercial
disputes among such countries or instrumentalities,
(10) any revisions necessary to apply the principles of
reciprocity and nondiscrimination, including the elimination of
special preferences and revei"se preferences, to all aspects of inter-
national trade,
(11) any revisions necessary to define the forms of subsidy
to industries producing products for export and the forms of
subsidy to attract foreign investment which are consist/ent with
an open, nondiscriminatory, and fair system of international
trade, and
(12) consistent with the provisions of section 107, any revisions Ante, p. 1935.
necessary to establish within the G A T T an international agree- 8 UST 1767.
ments on articles (including footwear), including the creation
of regular and institutionalized mechanisms for the settlement of
disputes, and of a surveillance body to monitor all international
shipments in such articles.
(b) The President shall, to the extent feasible, enter into agree-
ments with foreign countries or instrumentalities to establish the
principles described in subsection (a) with respect to international
trade between the United States and such countries or instrumen-
talities.
(c) If the President enters into a trade agreement which establishes Trade agreement
e s t a b l i s h i n g rules
rules or procedures, including those set forth in subsection ( a ) , or procedures.
promoting the development of an open, nondiscriminatory, and fair
world economic system and if the implementation of such agreement
will change any provision of Federal law (including a material change
in an administrative rule), such agreement shall take effect with
respect to the United States only if the appropriate implementing
legislation is enacted by the Congress unless implementation of such
agreement is effected pursuant to authority delegated by Congress.
Such trade agreement may be submitted to the Congress for approval Submittal to
Congress.
in accordance with the procedures of section 151. Nothing in this Post, p. 2 0 0 1 .
section shall be construed as prior approval of any legislation neces-
sary to implement a trade agreement entered into under this section.
(d) There are authorized to be appropriated annually such sums Appropriation.
as may be necessary for the payment by the United States of its
share of the expenses of the Contracting Parties to the General
Agreement on Tariffs and Trade. This authorization does not imply
approval or disapproval by the Congress of all articles of the Gen-
eral Agreement on Tariffs and Trade.
SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY. 19 u s e 2132.
Import r e s t r i c -
(a) Whenever fundamental international payments problems tions.
require special import measures to restrict imports—
(1) to deal with large and serious United States balance-of-
payments deficits,
(2) to prevent an imminent and significant depreciation of
the dollar in foreign exchange markets, or
(3) to cooperate with other countries in correcting an inter-
national balance-of-payments disequilibrium,
the President shall proclaim, for a period not exceeding 150 days
(unless such period is extended by Act of Congress) —
1988 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(A) a temporary import surcharge, not to exceed 15 percent
ad valorem, in the form of duties (in addition to those already
imposed, if any) on articles imported into the United States;
(B) temporary limitations through the use of quotas on the
importation of articles into the United States; or
(C) both a temporary import surcharge described in subpara-
graph (A) and temporary limitations described in subparagraph
(B).
The authority delegated under subparagraph (B) (and so much of
subparagraph (C) as relates to subparagraph ( B ) ) may be exercised
(i) only if international trade or monetary agreements to which the
United States is a party permit the imposition of quotas as a balance-
of-payments measure, and (ii) only to the extent that the fundamental
imbalance cannot be dealt with effectively by a surcharge proclaimed
pursuant to subparagraph (A) or (C). Any temporary import sur-
charge proclaimed pursuant to subparagraph (A) or (C) shall be
treated as a regular customs duty.
(b) If the President determines that the imposition of import
restrictions under subsection (a) will be contrary to the national
interest of the United States, then he may refrain from proclaiming
such restrictions and he shall—
(1) immediately inform Congress of his determination, and
(2) immediately convene the group of congressional official
advisers designated under section 161(a) and consult with them
as to the reasons for such determination.
i'^o!!''"" (^) Whenever the President determines that fundamental inter-
creases national payments problems require special import measures to
increase imports—
(1) to deal with large and persistent United States balance-
of-trade surpluses, as determined on the basis of the cost-
insurance-freight value of imports, as reported by the Bureau
of the Census, or
(2) to prevent significant appreciation of the dollar in foreign
exchange markets.
the President is authorized to proclaim, for a period of 150 days
(unless such period is extended by Act of Congress) —
(A) a temporary reduction (of not more than 5 percent ad
valorem) in the rate of duty on any article; and
(B) a temporary increase in the value or quantitv of articles
which may be imported under any import restriction, or a
temporary suspension of any import restriction.
Import liberalizing actions proclaimed pursuant to this subsection
shall be of broad and uniform application with respect to product
coverage except that the President shall not proclaim measures under
this subsection with respect to those articles where in his judgment
such action will cause or contribute to material injury to firms or
workers in any domestic industry, including agriculture, mining, fish-
ing, or commerce, or to impairment of the national security, or will
otherwise be contrary to the national interest.
(d) (1) Import restricting actions proclaimed pursuant to subsec-
tion (a) shall be applied consistently with the principle of nondis-
criminatory treatment. I n addition, any quota proclaimed pursuant
to subparagraph (B) of subsection (a) shall be applied on a basis
which aims at a distribution of trade with the United States approach-
ing as closely as possible that which various foreign countries might
have expected to obtain in the absence of such restrictions.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1989
(2) Notwithstanding paragraph (1), if the President determines
that the purposes of this section will best be served by action against
one or more countries having large or persistent balance-of-payments
surpluses, he may exempt all other countries from such action.
(3) After such time when there enters into force for the United
States new rules regarding the application of surcharges as part of a
reform of internationally agreed balance-of-payments adjustment pro-
cedures, the exemption authority contained in paragraph (2) shall be
applied consistently with such new international rules.
(4) I t is the sense of Congress that the President seek modifica-
tions in international agreements aimed at allowing the use of sur-
charges in place of quantitative restrictions (and providing rules to
govern the use of such surcharges) as a balance-of-payments adjust-
ment measure within the context of arrangements for an equitable
sharing of balance-of-payments adjustment responsibility among
deficit and surplus countries.
(e) Import restricting actions proclaimed pursuant to subsection
(a) shall be of broad and uniform application with respect to product
coverage except where the President determines, consistently Avith
the purposes of this section, that certain articles should not be subject
to import restricting actions because of the needs of the United
States economy. Such exceptions shall be limited to the unavailability
of domestic supply at reasonable prices, the necessary importation of
raw materials, avoiding serious dislocations in the supply of imported
goods, and other similar factors. In addition, uniform exceptions may
be made where import restricting actions will be unnecessary or inef-
fective in carrying out the purposes of this section, such as with respect
to articles already subject to import restrictions, goods in transit, or
goods under binding contract. Neither the authorization of import
restricting actions nor the determination of exceptions w4th respect
to product coverage shall be made for the purpose of protecting
individual domestic industries from import competition.
(f) Any quantitative limitation proclaimed pursuant to subpara- Quantitative
graph (B) or (C) of subsection (a) on the quantity or value, or both, ^"^Jf'°"'^'"'"''^^"
of an article—
(1) shall permit the importation of a quantity or value which
is not less than the quantity or value of such article imported into
the United States from the foreign countries to which such limita-
tion applies during the most recent period which the President
determines is representative of imports of such article, and
(2) shall take into account any increase since the end of such
representative period in domestic consumption of such article and
like or similar articles of domestic manufacture or production.
(g) The President may at any time, consistent with the provisions
of this section, suspend, modify, or terminate, in whole or in part, any
proclamation under this section either during the initial 150-day
period of effectiveness or as extended by subsequent Act of Congress.
(h) No provision of law authorizing the termination of tariff con-
cessions shall be used to impose a surcharge on imports into the United
States.
SEC. 123. COMPENSATION AUTHORITY. 19 use 2133.
(a) Whenever any action has been taken under section 203 to Post. p. 2015.
increase or impose any duty or other import restriction, the President—
(1) may enter into trade agreements with foreign countries or
instrumentalities for the purpose of granting new concessions as
38-194 O - 76 - 43 Pt. 2
1990 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
compensation in order to maintain the general level of reciprocal
and mutually advantageous concessions; and
(2) may proclaim such modification or continuance of any
existing duty, or such continuance of existing duty-free or excise
treatment, as he determines to be required or appropriate to carry
out any such agreement.
(b) (1) No proclamation shall be made pursuant to subsection (a)
decreasing any rate of duty to a rate which is less than 70 percent of
the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate
stage under section 109, the proclamation made pursuant to subsec-
tion (a) may provide for the reduction of each rate of duty at each
such stage proclaimed under section 101 by not more than 30 percent
of such rate of duty, and may provide for a final rate of duty which
is not less than 70 percent of the rate of duty proclaimed as the final
stage under section 101.
(3) If the President determines that such action will simplify the
computation of the amount of duty imposed with respect to an article,
he may exceed the limitations provided by paragraphs (1) and (2) of
this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower
whole number, or
(B) one-half of 1 percent ad valorem.
(4) Any concessions granted under subsection (a) (1) shall be
reduced and terminated according to substantially the same time sched-
ule for reduction applicable to the relevant import relief under section
Post, p. 2015. 203(h).
(c) Before entering into any trade agreement under this section
with any foreign country or instrumentality, the President shall con-
sider whether such country or instrumentality has violated trade con-
cessions of benefit to the United States and such violation has not
been adequately offset by the action of the United States or by such
country or instrumentality.
(d) Notwithstanding the provisions of subsection ( a ) , the authority
delegated under section 101 shall be used for the purpose of granting
new concessions as compensation within the meaning of this section
until such authority terminates.
19 use 2134. SEC. 124. TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES.
(a) Whenever the President determines that any existing duties
or other import restrictions of any foreign country or the United
States are unduly burdening and restricting the foreign trade of the
United States and that the purposes of this Act will be promoted
thereby, the President—
(1) may enter into trade agreements with foreign countries
or instrumentalities thereof, and
(2) may proclaim such modification or continuance of any
existing duty, such continuance of existing duty-free or excise
treatment, or such additional duties, as he determines to be
required or appropriate to carry out any such trade agreement.
(b) Agreements entered into under this section in any 1-year period
shall not provide for the reduction of duties, or the continuance of
duty-free or excise treatment, for articles which account for more
than 2 percent of the value of United States imports for the most
recent 12-month period for which import statistics are available.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1991
(c) (1) No proclamation shall be made pursuant to subsection (a)
decreasing any i-ate of duty to a rate which is less than 80 percent
of the existing rate of duty.
(2) No proclamation shall be made pursuant to subsection (a)
decreasing or increasing any rate of duty to a rate which is lo^ver or
higher than the corresponding rate which would have resulted if the
maximum authority granted by section 101 with respect to such article
had been exercised.
(3) Where the rate of duty in effect at any time is an intermediate
stage under section 109, the proclamation made pursuant to subsection
(a) may provide for the reduction of each rate of duty at each such
stage proclaimed under section 101 by not more than 20 percent of such
rate of duty, and, subject to the limitation in paragraph (2), may
provide for a final rate of duty which is not less than 80 percent of
the rate of duty proclaimed as the final stage under section 101.
(4) If the President determines that such action will simplify
the computation of the amount of duty imposed with respect to an
article, he may exceed the limitations provided by paragraphs (1)
and (2) of this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower
whole number, or
(B) one-half of 1 percent ad valorem.
(d) Agreements may be entered into under this section only during
the 2-year period which immediately follows the close of the period
during which agreements may be entered into under section 101.
SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY. 19 use 2135.
(a) Ever^ trade agreement entered into under this Act shall be sub-
ject to termination, in whole or in part, or withdrawal, upon due notice,
at the end of a period specified in the agreement. Such period shall be
not more than 3 years from the date on which the agreement becomes
effective. If the agreement is not terminated or withdrawn from at
the end of the period so specified, it shall be subject to termination or
withdrawal thereafter upon not more than 6 months' notice.
(b) The President may at any time terminate, in whole or in part,
any proclamation made under this Act.
(c) "Whenever the United States, acting in pursuance of any of its
rights or obligations under any trade agreement entered into pursuant
to this Act, section 201 of the Trade Expansion Act of 1962, or section i9 use 1821.
350 of the Tariff Act of 1930, withdraws, suspends, or modifies any ^^ ^^*^ ^^^*-
obligation with respect to the trade of any foreign country or instru-
mentality thereof, the President is authorized to proclaim increased
duties or other import restrictions, to the extent, at such times, and for
such periods as he deems necessary or appropriate, in order to exercise
the rights or fulfill the oblig^ations of the United States. No proclama-
tion shall be made under this subsection increasing any existing duty
to a rate more than 50 percent above the rate set forth in rate column
numbered 2 of the Tariff Schedules of the United States, as in effect i^ use 1202.
on January 1, 1975, or 20 percent ad valorem above the rate existing
on January 1,1975, whichever is higher.
(d) Whenever any foreign country or instrumentality withdraws,
suspends, or modifies the application of trade agreement obligations
of benefit to the United States without granting adequate compensation
therefor, the President, in pursuance of rights granted to the United
States under any trade agreement and to the extent necessary to pro-
tect United States economic interests (including United States balance
of payments), may—
1992 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(1) withdraw, suspend, or modify the application of substan-
tially equivalent trade agreement obligations of benefit to such
foreign country or instrumentality, and
(2) proclaim under subsection (c) such increased duties or
other import restrictions as are appropriate to effect adequate
compensation from such foreign country or instrumentality.
(e) Duties or other import restrictions required or appropriate to
carry out any trade agreement entered into pursuant to this Act, sec-
19 u s e 1821.
tion 201 of the Trade Expansion Act of 1962, or section 850 of the
19 u s e 1351. Tariff Act of 1930 shall not be affected by any termination, in whole
or in part, of such agreement or by the withdrawal of the United
States from such agreement and shall i-emain in effect after the date of
such termination or withdrawal for 1 year, unless the President by
proclamation provides that such rates shall be restored to the level at
which they would be but for the agreement. Within 60 days after the
Presidential
recommenda- date of any such termination or withdrawal, the President shall trans-
t i o n s , transmit- mit to the Congress his recommendations as to the appropriate rates
tal to e o n g r e s s . of duty for all articles w^hich were affected by the termination or with-
drawal or would have been so affected but for the preceding sentence.
Hearing. (f) Before taking any action pursuant to subsection ( b ) , (c), or
( d ) , the President shall provide for a public hearing during the course
of which interested persons shall be given a reasonable opportunity to
be present, to produce evidence, and to be heard, unless he determines
that such prior hearings will be contrary to the national interest
because of the need for expeditious action, in which case he shall pro-
vide for a public hearing promptly after such action.
19 u s e 2136. SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT.
(a) Except as otherwise provided in this Act or in any other pro-
vision of law, any duty or other import restriction or duty-free treat-
ment proclaimed in carrying out any trade agreement under this title
shall apply to products of all foreign countries, whether imported
directly or indirectly.
(b) The President shall determine, after the conclusion of all
negotiations entered into under this Act or at the end of the 5-year
period beginning on the date of enactment of this Act, whichever is
earlier, whether any major industrial country has failed to make con-
cessions under trade agreements entered into under this Act which
provide competitive opportunities for the commerce of the United
States in such country substantially equivalent to the competitive
opportunities, provided by concessions made by the United States
under trade agreements entered into under this Act, for the commerce
of such country in the United States.
Recommenda- (c) If the President determines under subsection (b) that a major
tions to Con-
industrial country has not made concessions under trade agreements
entered into under this Act which provide substantially equivalent
competitive opportunities for the commerce of the United States, he
shall, either generally with respect to such country or by article pro-
duced by such country, in order to restore equivalence of competitive
opportunities, recommend to the Congress—
(1) legislation providing for the termination or denial of the
benefits of concessions of trade agreements entered into under this
Act made with respect to rates of duty or other import restrictions
by the United States; and
(2) that any legislation necessary to carry out any trade agree-
ment under section 102 shall not apply to such country.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1993
(d) For purposes of this section, "major industrial country" means ^^"Jf^'°'' '"'^ff
Canada, the European Economic Community, the individual member """ country,
countries of such Community, Japan, and any other foreign country
designated by the President for purposes of this subsection.
SEC. 127. RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR
OTHER REASONS.
(a) No proclamation shall be made pursuant to the provisions of 19 use 2137.
this Act reducing or eliminating the duty or other import restriction
on any article if the President determmes that such reduction or
elimination would threaten to impair the national security.
(b) While there is in effect with respect to any article any action 19 use 2137.
taken under section 203 of this Act, or section 232 or 351 of the Trade ^°s^ p. 2015
Expansion Act of 1962 (19 U.S.C. 1862 or 1981), the President shall
reserve such article from negotiations under this title (and from any
action under section 122(c)) contemplating reduction or elimination '^"^^' ^- ^^^^
of—
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be
likely to undermine the effect of the import restrictions referred
to in subparagraph ( B ) .
I n addition, the President shall also so reserve any other article which
he determines to be appropriate, taking into consideration infonna-
tion and advice available pursuant to and with respect to the matters
covered by sections 131,132, and lo3, where applicable.
(c) The President shall submit to the Congress an annual report on •^'^''o'con'^ris
section 232 of the Trade Expansion Act of 1962. Within 60 days after ^"[g usc°"86"
he takes any action under such section 232, the President shall report 19 use 1862.
to the Congress the action taken and the reasons therefor.
(d) Section 232 of the Trade Expansion Act of 1962 is amended— 19 use 1862.
(1) by striking out "Director of the Office of Emergency
Planning (hereinafter in this section referred to as the 'Direc-
tor') " in the first sentence of subsection (b) and inserting in lieu
thereof "Secretary of the Treasury (hereinafter referred to as
the 'Secretary')";
(2) by striking out "advice from other appropriate departments
and agencies" in the first sentence of subsection (b) and inserting
in lieu thereof "advice from, and shall consult with, the Secretary
of Defense, the Secretary of Commerce, and other appropriate
officers of the United States";
(3) by striking out the last sentence of subsection (b) and
inserting in lieu thereof the following: "The Secretary shall, if Hearings.
it is appropriate and after reasonable notice, hold public hearings
or otherwise afford interested parties an opportunity to present
information and advice relevant to such investigation. The Secre- ^ Report to Presi
tary shall report the findings of his investigation under this sub- dent.
section with respect to the effect of the importation of such
article in such quantities or under such circumstances upon the
national security and, based on such findings, his recommendation
for action or inaction under this section to the President within
one year after receiving an application from an interested party
or otherwise beginning an investigation under this subsection. If
the Secretary finds that such article is being imported into the
United States in such quantities or under such circumstances as
to threaten to impair the national security, he shall so advise
the President and the President shall take such action, and for
1994 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
^taport adjust- such time, as he deems necessary to adjust the imports of such
article and its derivatives so that such imports will not threaten
to impair the national security, unless the President determines
that the article is not being imported into the United States in
such quantities or under such circumstances as to threaten to
impair the national security."; and
(4) by striking out "Director" each place it appears in subsec-
tions (c) and (d) and inserting in lieu thereof "Secretary".
CHAPTER 3—HEARINGS AND ADVICE
CONCERNING NEGOTIATIONS
19 use 2151. SEC. 131. INTERNATIONAL TRADE COMMISSION ADVICE.
Lists of articles (a) l u councction with any proposed trade agreement under chap-
oru^ls^du^tfei"" ter 1 or section 123 or 124, the President shall from time to time publish
and furnish the International Trade Commission (hereafter in this
section referred to as the "Commission") with lists of articles which
may be considered for modification or continuance of United States
duties, continuance of United States duty-free or excise treatment,
or additional duties. I n the case of any article with respect to which
consideration may be given to reducing or increasing the rate of
duty, the list shall specify the provision of this title pursuant to
which such consideration may be given.
(b) Within 6 months after receipt of such a list or, in the case of a
list submitted in connection with a trade agreement authorized under
section 123, within 90 days after receipt of such list, the Commission
shall advise the President with respect to each article of its judgment
as to the probable economic effect of modifications of duties on indus-
tries producing like or directly competitive articles and on consumers,
so as to assist the President in making an informed judgment as to the
impact which might be caused by such modifications on United States
manufacturing, agriculture, mining, fishing, labor, and consumers.
Such advice may include in the case of any article the advice of the
Commission as to whether any reduction in the rate of duty should
take place over a longer period than the minimum periods provided
by section 109(a).
and'^e^orts*'""^ (^) ^^ addition, in order to assist the President in his determination
of whether to enter into any agreement under section 102, the Com-
mission shall make such investigations and reports as may be
requested by the President, including, where feasible, advice as to the
probable economic effects of modifications of any barrier to (or other
distortion of) international trade on domestic industries and purchas-
ers and on prices and quantities of articles in the United States.
Functions. ^^j^ jj^ preparing its advice to the President under this section, the
Commission shall, to the extent practicable—
(1) investigate conditions, causes, and effects relating to com-
petition between the foreign industries producing the articles in
question and the domestic industries producing the like or directly
competitive articles;
(2) analyze the production, trade, and consumption of each
like or directly competitive article, taking into consideration
employment, profit levels, and use of productive facilities with
respect to the domestic industries concerned, and such other eco-
nomic factors in such industries as it considers relevant, including
prices, wages, sales, inventories, patterns of demand, capital
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1995
investment, obsolescence of equipment, and diversification of
production;
(3) describe the probable nature and extent of any significant
change in employment, profit levels, and use of productive facili-
ties, and such other conditions as it deems relevant in the domestic
industries concerned which it believes such modifications would
cause; and
(4) make special studies (including studies of real wages paid
in foreign supplying countries), whenever deemed to be war-
ranted, of particular proposed modifications affecting United
States manufacturing, agriculture, mining, fishing, labor, and
consumers, utilizing to the fullest extent practicable United States
Government facilities abroad and appropriate pei-sonnel of the
United States.
(e) I n preparing its advice to the President under this section, the H<^armgs.
Commission shall, after reasonable notice, hold public hearings.
SEC. 132. ADVICE FROM DEPARTMENTS AND OTHER SOURCES. i9 use 2is2.
Before any trade agreement is entered into under chapter 1 or sec-
tion 123 or 124, the President shall seek information and advice with
respect to such agreement from the Departments of Agriculture, Com-
merce, Defense, Interior, Labor, State and the Treasuiy, from the
Special Representative for Trade Negotiations, and from such other
sources as he may deem appropriate.
SEC. 133. PUBLIC HEARINGS. 19 use 2153.
(a) I n connection with any proposed trade agreement under chap-
ter 1 or section 123 or 124, the President shall afford an opportunity
for any interested person to present his views concerning any article
on a list published pursuant to section 131, any article which should be
so listed, any concession which should be sought by the LTnited States,
or any other matter relevant to such proposed trade agreement. F o r
this purpose, the President shall designate an agency or an interagency
committee which shall, after reasonable notice, hold public hearings
and pi-escribe regulations governing the conduct of such hearings.
(b) The organization holding- such hearins^s shall furnish the Presi- summary to
• President
dent with a summary thereof. 19 u s e 2154.
SEC. 134. PREREQUISITES FOR OFFERS.
In any negotiations seeking an agreement under chapter 1 or section
123 or 124, the President may make an offer for the modification or
continuance of any United States duty, import restrictions, or barriers
to (or other distortions of) international trade, the continuance of
United States duty-free or excise treatment, or the imposition of addi-
tional duties, import restriction, or other barrier to (or other distortion
of) international trade, with respect to any article only after he has
received a summary of the hearings at which an opportunity to be
heard with respect to such article has been afforded under section 133.
In addition, the President may make an offer for the modification or
continuance of any United States duty, the continuance of LTnited
States duty-free or excise treatment, or the imposition of additional
duties, with respect to any article included in a list published and
furnished under section 131(a), only after he has received advice con-
cerning such article from the International Trade Commission under
section 131 ( b ) , or after the expiration of the 6-month or 90-day period
provided for in that section, as appropriate, whichever first occurs.
1996 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
19 use 2155. SEC. 135. ADVICE FROM PRIVATE SECTOR.
(a) The President, in accordance with the provisions of this section,
shall seek information and advice from representative elements of the
private sector with respect to negotiating objectives and bargaining
positions before entering into a trade agreement referred to in section
101 or 102.
Advisory Com-
mittee for T r a d e (b) (1) The President shall establish an Advisory Committee for
Negotiations, Trade Negotiations to provide overall policy advice on any trade
Establishment; agreement referred to in section 101 or 102. The Committee shall be
membership.
composed of not more than 45 individuals, and shall include repre-
sentatives of government, labor, industry, agriculture, small business,
service industries, retailers, consumer interests, and the general public.
(2) The Committee shall meet at the call of the Special Kepre-
Termination. sentative for Trade Negotiations, who shall be the Chairman. The
Committee shall terminate upon submission of its report required
under subsection (e) (2). Members of the Committee shall be appointed
by the President for a period of 2 years and may be reappointed for
one or more additional periods.
(3) The Special Representative for Trade Negotiations shall make
available to the Committee such staff, information, personnel, and
administrative services and assistance as it may reasonably require to
carry out its activities.
General policy
advisory commit-
(c) (1) The President may, on his own initiative or at the request
tees. of organizations representing industry, labor, or agriculture, establish
Establishment. general policy advisory committees for industry, labor, and agricul-
ture, respectively, to provide general policy advice on any trade agree-
ment referred to in section 101 or 102. Such committees shall, insofar
as practicable, be representative of all industry, labor, or agricultural
interests (including small business interests), respectively, and shall
be organized by the President acting through the Special Representa-
tive for Trade Negotiations and the Secretaries of Commerce, Labor,
and Agriculture, as appropriate.
Sector advisory (2) The President shall, on his own initiative or at the request of
committees.
Establishment. organizations in a particular sector, establish such industry, labor, or
agricultural sector advisory committees as he determines to be neces-
sary for any trade negotiations referred to in section 101 or 102. Such
committees shall, so far as practicable, be representative of all industry,
labor, or agricultural interests including small business interests in
the sector concerned. In organizing such committees the President,
acting through the Special Representative for Trade Negotiations
and the Secretary of Commerce, Labor, or Agriculture, as appropri-
ate, (A) shall consult with interested private organizations, and
(B) shall take into account such factors as patterns of actual and
potential competition between United States industry and agriculture
and foreign enterprise in international trade, the character of the
nontariff barriers and other distortions affecting such competition,
the necessity for reasonable limits on the number of such product:
sector advisory committees, the necessity that each committee be
reasonably limited in size, and that the product lines covered by each
committee be reasonably related.
Meetings. (cl) Committces established pursuant to subsection (c) shall meet
at the call of the Special Representative for Trade Negotiations,
before and during any trade negotiations, to provide the following:
(1) policy advice on negotiations;
(2) technical advice and information on negotiations on par-
ticular products both domestic and foreign; and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1997
(3) advice on other factors relevant to positions of the United
States in trade negotiations.
(e) (1) The Advisory Committee for Trade Negotiations, each P rReports to
e s i d e n t , Con-
appropriate policy advisory committee, and each sector advisory com- g r e s s , and Special
Representative
mittee, if the sector which such committee represents is affected, shall for Trade Nego-
meet at the conclusion of negotiations for each trade agreement entered t i a t i o n s .
into under this Act, to provide to the President, to Congress, and to
the Special Representative for Trade Negotiations a report on such
agreement. The repoi-t of the Advisory Committee for Trade Negotia-
tions and each appropriate policy advisory committee shall include
an advisory opinion as to whether and to what extent the agreement
promotes the economic interests of the United States and the report of
the appropriate sector committee shall include an advisory opinion as
to whether the agreement provides for equity and reciprocity within
the sector.
(2) The Advisory Committee for Trade Negotiations, each policy g rReport ess.
to Con-
advisory committee, and each sector advisory committee shall issue
a report to the Congress as soon as is practical after the end of the
period which ends 5 years after the date of enactment of this Act. The
report of the Advisory Committee for Trade Negotiations and each
policy advisory committee shall include an advisory opinion as to
whether and to what extent trade agreements entered into under this
Act, taken as a whole, serve the economic interests of the United States.
The report of each sector advisory committee shall include an advisory
opinion on the degree to which trade agreements entered into under
this Act which affect the sector represented by each such committee,
taken as a whole, provide for equity and reciprocity within that sector.
(f) The provisions of the Federal Advisory Committee Act (Public
Law 92-463) shall apply— 5 u s e app. L
(1) to the Advisory Committee for Trade Negotiations estab-
lished pursuant to subsection (b) ; and
(2) to all other advisory committees which may be established
pursuant to subsection (c) ; except that the meetings of advisory
groups established under subsection (c) shall be exempt from
the requirements of subsections (a) and (b) of section 10 and
section 11 of the Federal Advisory Committee Act (relating to
open meetings, public notice, public participation, and public
availability of documents), whenever and to the extent it is deter-
mined by the President or his designee that such meetings will
be concerned with matters the disclosure of which would seriously
compromise the Government's negotiating objectives or bargain-
ing positions on the negotiation of any trade agreement.
(g) (1) (A) Trade secrets and commercial or financial information confidimfaf in.
which is privileged or confidential, submitted in confidence by the formation.
private sector to officers or employees of the United States in connec-
tion with trade negotiations, shall not be disclosed to any person other
than to—
(i) officers and employees of the United States designated by
the Special Representative for Trade Negotiations, and
(ii) members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate who are accredited as official advisers under section 161
(a) or are designated by the chairman of either such committee
under section 161(b) (2), and members of the staff of either such Post, p . 2008,
committee designated by the chairman under section 161(b) (2),
for use in connection with negotiation of a trade agreement referred
to in section 101 or 102.
1998 PUBLIC LAW 93-618-JAN. 3, 1975 [38 STAT.
tiaTi'nformation"' ^^^ Information, other than that described in paragraph ( A ) ,
and advice. ^nd advicB submitted in confidence by the private sector to officers or
employees of the United States, to the Advisory Committee for Trade
Negotiations or to any advisory committee established under sub-
section (c), in connection with trade negotiations, shall not be dis-
closed to any person other than—
(i) the individuals described in subparagraph ( A ) , and
(ii) the appropriate advisory committees established under this
section.
Rules governing ^2) Information submitted in confi.dence by officers or employees of
clo^s^e.'"" '^ the United States to the Advisory Committee for Trade Negotiations,
or to any advisory committee established under subsection (c), shall
not be disclosed other than in accordance with rules issued by the
Special Representative for Trade Negotiations and the Secretary of
Commerce, Labor or Agriculture, as appropriate, after consultation
with the relevant advisory committees established under subsection
(c). Such rules shall define the categories of information which re-
c[uire restricted or confidential handling by such committee consider-
ing the extent to which public disclosure of such information can rea-
sonably be expected to prejudice United States negotiating objec-
tives. Such rules shall, to the maximum extent feasible, permit mean-
ingful consultations by advisory committee members with persons
afi'ected by proposed trade agreements.
Staff, informa-
tion, personnel, (h) The Special Representative for Trade Negotiations, and the
s e r v i c e s and a s - Secretary of Commerce, Labor, or Agriculture, as appropriate, shall
s i s t a n c e to ad- provide such staff, information, personnel, and administrative services
visory committees.
and assistance to advisory committees established pursuant to sub-
section (c) as such committees may reasonably require to carry out
their activities.
Procedures for (i) I t shall be the responsibility of the Special Representative for
consultation.
Trade Negotiations, in conjunction with the Secretary of Commerce,
Labor, or Agriculture, as appropriate, to adopt procedures for con-
sultation with and obtaining information and advice from the advi-
sory committees established pursuant to subsection (c) on a continuing
and timely basis, both during preparation for negotiations and actual
negotiations. Such consultation shall include the provision of informa-
tion to each'advisory committee as to (1) significant issues and develop-
ments arising in preparation for or in the course of such negotiations,
and (2) overall negotiating objectives and positions of the United
States and other parties to the negotiations. The Special Repre-
sentative for Trade Negotiations shall not be bound by the advice or
recommendations of such advisory committees but the Special Repre-
sentative for Trade Negotiations shall inform the advisory committees
of failures to accept such advice or recommendations, and the President
Post, p. 2009. shall include in his statement to the Congress, required by section 163,
^''p°'^'- a report by the Special Representative for Trade Negotiations on con-
sultation with such committees, issues involved in such consultation,
and the reasons for not accepting advice or recommendations.
(j) I n addition to any advisory committee established pursuant
to this section, the President shall provide adequate, timely and con-
tinuing opportunity for the submission on an informal and, if such
information is submitted under the provisions of subsection ( g ) ,
confidential basis by private organizations or groups, representing
labor, industry, agriculture, small business, service industries, con-
sumer interests, and others, of statistics, data, and other trade
information, as well as policy recommendations, pertinent to the
negotiation of any trade agreement referred to in section 101 or 102.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1999
(k) Nothing contained in this section shall be construed to
authorize or permit any individual to participate directly in any
negotiation of any trade agreement referred to in section 101 or 102.
CHAPTER 4—OFFICE OF THE SPECIAL REPRE-
SENTATIVE FOR TRADE NEGOTIATIONS
SEC. 141. OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE
NEGOTIATIONS.
(a) There is established within the Executive Office of the Presi- fg^usc^2'm"'
dent the Office of the Special Representative for Trade Negotiations
(hereinafter in this section referred to as the "Office").
( b ) ( 1 ) The Office shall be headed by the Special Eepresentative J^^l^-^l %''^^"^'
for Trade Negotiations who shall be appointed by the President, by Trade Negotia-
and with the advice and consent of the Senate, As an exercise of the i^°ns.
rulemaking power of the Senate, any nomination of the Special liep- ^^ "^^ ^^^^•
resentative for Trade Negotiations submitted to the Senate for con-
firmation, and referred to a committee, shall be referred to the
Committee on P^inance. The Special Representative for Trade Nego-
tiations shall hold office at the pleasure of the President, shall be
entitled to receive the same allowances as a chief of mission, and shall
have the rank of Ambassador Extraordinary and Plenipotentiary.
(2) There shall be in the Office two Deputy Special Representatives Deputy special
for Trade Negotiations who shall be appointed by the President, by for^Trad" Nego-^
and with the advice and consent of the Senate. As an exercise of the tiations.
rulemaking powder of the Senate, any nomination of a Deputy Special
Representative submitted to the Senate for confirmation, and referi-ed
to a committee, shall be referred to the Committee on Finance. Eacli
Deputy Special Representative for Trade Negotiations shall hold
office at the pleasure of the President and shall have the rank of
Ambassador.
(3) (A) Section 5312 of title 5, United States Code, is auiended by
adding at the end thereof the following new paragraph:
"(13) Special Representative for Trade Negotiations."
(B) Section 5314 of such title is amended by adding at the end ^ use 5314.
thereof the following new paragraph:
"(60) Deputy Special Representatives for Trade Negotiations
(2)."
(c) (1) The Special Representative for Trade Negotiations shall— fg^u'sc'Ti"
(A) be the chief representative of the United States for each
trade negotiation under this title or section 301; Post, p. 2041.
(B) report directly to the President and the Congress, and be Report to Presi-
responsible to the President and the Congress for the administra- '^''"' ^""^ congress
tion of trade agreements programs under this Act, the Trade
Expansion Act of 1962, and section 350 of the Tariff Act of 1930; J^l \l^5i^^^
(C) advise the President and Congress with respect to nontariff
barriers to international trade, international commodity agree-
ments, and other matters which are related to the trade agree-
ments programs;
(D) be responsible for making reports to Congress with respect ^^8^^°"^'^ '° *^°"'
to the matter set forth in subparagraphs (A) and ( B ) ;
( E ) be chairman of the interagency trade organization estab-
lished pursuant to section 242(a) of the Trade Expansion Act of
1962; and 19 use 1872.
( F ) be responsible for such other functions as the President
may direct.
2000 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(2) Each Deputy Special Representative for Trade Negotiation
shall have as his principal function the conduct of trade negotiations
under this Act and shall have such other functions as the Special
Representative for Trade Negotiations may direct.
(d) The Special Representative for Trade Negotiations may, for
the purpose of carrying out his functions under this section—
(1) subject to the civil service and classification laws, select,
appoint, employ, and fix the compensation of such officers and
employees as are necessary and prescribe their authority and
duties;
Experts and (2) employ experts and consultants in accordance with section
consultants.
3109 of title 5, United States Code, and compensate individuals
so employed for each day (including traveltime) at rates not in
excess of the maximum rate of pay for grade GS-18 as provided
5 u s e 5332 in section 5332 of title 5, United States Code, and while such
note.
experts and consultants are so serving away from their homes or
regular place of business, to pay such employees travel expenses
and per diem in lieu of subsistence at rates authorized by section
5703 of title 5, United States Code, for persons in Government
service employed intermittently;
Rules and regu- (3) promulgate such rules and regulations as may be necessary
lations.
to carry out the functions vested in him;
(4) utilize, with their consent, the services, personnel, and facil-
ities of other Federal agencies;
Contracts, (5) enter into and perform such contracts, leases, cooperative
l e a s e s , or cooper-
ative agreements. agreements, or other transactions as may be necessary in the
conduct of the work of the Office and on such terms as the
Special Representative for Trade Negotiations may deem appro-
priate, with any agency or instrumentality of the United States,
or with any public or private person, firm, association, corpo-
ration, or institution;
(6) accept voluntary and uncompensated services, notwithstand-
ing the provisions of section 3679(b) of the Revised Statutes
(31 U.S.C. 6 6 5 ( b ) ) ; and
Official s e a l . (7) adopt an official seal, which shall be judicially noticed.
Consultation (e) The Special Representative for Trade Negotiations shall, to
with F e d e r a l
agencies. the extent he deems it necessary for the proper administration and
execution of the trade agreements programs of the United States,
draw upon the resources of, and consult with, Federal agencies in
connection with the performance of his functions.
Appropriation. (f) There are authorized to be appropriated to the Office of Spe-
cial Representative for Trade Negotiations such amounts as may
be necessary for the purpose of carrying out its functions for fiscal
year 1976 and each fiscal year thereafter any part of which is within
the 5-year period beginning on the date of the enactment of this Act.
Office of (g) (1) The Office of Special Representative for Trade Negotiations
Special R e p r e s e n -
t a t i v e s for Trade established under Executive Order No. 11075 of January 15, 1963, as
Negotiations, amended, is abolished.
abolishment.
19 u s e 1801 (2) The assets, liabilities, contracts, property, and records and
note. unexpended balances of appropriations, authorizations, allocations,
Transfer of
funds. and other funds employed, held, used, arising from, or available to
such Office arc transferred to the Office of Special Representative for
Trade Negotiations established under subsection (a) of this section.
(h) (1) Any individual who holds the position of Special Repre-
sentative for Trade Negotiations or a position as Deputy Special
Repi'esentative for Trade Negotiations on the day before the date of
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2001
enactment of this Act and who has been appointed by and with the
advice and consent of the Senate may continue to hold such position
without regard to the first sentence of paragraph (1) of subse<jtion
(b), or the first sentence of paragraph (2) of subsection ( b ) , as the
case may be.
(2) All personnel who on the day before the date of the enactment gonn^"^^^'' °^ ^"~
of this Act are employed by the Office of the Special Representative
for Trade Negotiations established by Executive Order No. 11075
19 u s e 1801
of January 15, 1963, as amended, are hereby transferred to the Office. note.
CHAPTER 5—CONGRESSIONAL PROCEDURES
WITH RESPECT TO PRESIDENTIAL ACTIONS
SEC. 151. BILLS LMPLEMENTING TRADE AGREEMENTS ON NONTARIFF 19 use 2191.
BARRIERS AND RESOLUTIONS APPROVING COMMERCIAL
AGREEMENTS WITH COMMUNIST COUNTRIES.
(a) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This section
and sections 152 and 153 are enacted by the Congress—
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they are
deemed a part of the rules of each House, respectively, but appli-
cable only with respect to the procedure to be followed in that
House in the case of implementing bills described in subsection
( b ) ( 1 ) , implementing revenue bills described in subsection
(b) (2), approval resolutions described in subsection (b) (3), and
resolutions described in subsections 152(a) and 153(a) ; and they
supersede other rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
tha,t House) at any time, in the same manner and to the same
extent as in the case of any other rule of that House.
(b) DEFINITIONS.—For purposes of this section—
(1) The term "implementing bill" means only a bill of either
House of Congress which is introduced as provided in subsection
(c) with respect to one or more trade agreements submitted to
the House of Representatives and the Senate under section 102
and which contains—
(A) a provision approving such trade agreement or agree-
ments,
(B) a provision approving the statement of administrative
action (if any) proposed to implement such trade agreement
or agreements, and
(C) if changes in existing laws or new statutory authority
is required to implement such trade agreement or agreements,
provisions, necessary or appropriate to implement such trade
agreement or agreements, either repealing or amending exist-
ing laws or providing new statutory authority.
(2) The term "implementing revenue bill" means an imple-
menting bill which contains one or more revenue measures by
reason of which it must originate in the House of Representatives.
(3) The term "approval resolution" means only a concurrent
resolution of the two Houses of the Congress, the matter after the
resolving clause of which is as follows: "That the Congress
2002 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
approves the extension of nondiscriminatory treatment with
respect to the products of transmitted by the Presi-
dent to the Congress on .", the first blank space being
filled with the name of the country involved and the second blank
space being filled with the appropriate date.
(c) INTRODUCTION AND REFERRAL.—
mlnt'^'' ''^'""'' ^^^ ^ ^ ^^® ^^y ° ^ which a trade agreement is submitted to
Ante, p. 1982. thc House of Representatives and the Senate under section 102,
the implementing bill submitted by the President with respect
to such trade agreement shall be introduced (by request) in the
House by the majority leader of the House, for himself and
the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the
House; and shall be introduced (by request) in the Senate by
the majority leader of the Senate, for himself and the minority
leader of the Senate, or by Members of the Senate designated
by the majority leader and minority leader of the Senate. If
either House is not in session on the day on which such a trade
agreement is submitted, the implementing bill shall be introduced
in that House, as provided in the preceding sentence, on the first
day thereafter on which that House is in session. Such bills shall
be referred by the Presiding Officers of the respective Houses to
the appropriate committee, or, in the case of a bill containing
provisions within the jurisdiction of two or more committees,
jointly to such committees for consideration of those provisions
within their respective jurisdictions.
Bilateral com- ^2) Ou tlic day ou which a bilateral commercial agreement,
ment. entered into under title I V of this Act after the date of the
Post, p. 2056. enactment of this Act, is transmitted to the House of Representa-
tives and the Senate, an approval resolution with respect to such
agreement shall be introduced (by request) in the House by the
majority leader of the House, for himself and the minority leader
of the House, or by Members of the House designated by the
majority leader and minority leader of the House; and shall be
introduced (by request) in the Senate by the majority leader of
the Senate, for himself and the minority leader of the Senate, or
by Members of the Senate designated by the majority leader and
minority leader of the Senate. If either House is not in session on
the day on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be introduced in
that House, as provided in the preceding sentence, on the first
day thereafter on which that House is in session. The approval
resolution introduced in the House shall be referred to the Com-
mittee on Ways and Means and the approval resolution introduced
in the Senate shall be referred to the Committee on Finance.
(d) AMENDMENTS PROHIBITED.—No amendment to an implementing
bill or approval resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the applica-
tion of this subsection shall be in order in either House, nor shall it
be in order in either House for the Presiding Officer to entertain a
request to suspend the application of this subsection by unanimous
consent.
(e) PERIOD FOR COMMII^TEE AND FLOOR CONSIDERATION.—
(1) Except as provided in paragraph (2), if the committee or
committees of either House to which an implementing bill or
approv9,l resolution has been referred have not reported it at the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2003
close of the 45th day after its introduction, such committee or
committees shall be automatically discharged from further con-
sideration of the bill or resolution and it shall be placed on the
appropriate calendar. A vote on final passage of the bill or reso-
lution shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the committee
or committees of that House to which it was referred, or after
such committee or committees have been discharged from further
consideration of the bill or resolution. If prior to the passage by
one House of an implementing bill or approval resolution of that
House, that House receives the same implementing bill or approval
resolution from the other House, then—
(A) the procedure in that House shall be the same as if no
implementing bill or approval resolution had been received
from the other House; but
(B) the vote on final passage shall be on the implementing
bill or approval resolution of the other House.
(2) The provisions of paragraph (1) shall not apply in the rev'^nueTnis"^
Senate to an implementing revenue bill. An implementing reve-
nue bill received from the House shall be referred to the appro-
priate committee or committees of the Senate. If such committee
or committees have not reported such bill at the close of the 15th
day after its receipt by the Senate (or, if later, before the close of
the 45th day after the corresponding implementing revenue bill
was introduced in the Senate), such committee or committees
shall be automatically discharged from further consideration of
such bill and it shall be placed on the calendar. A vote on final
passage of such bill shall be taken in the Senate on or befoi-e the
close of the 15th day after such bill is reported by the committee
or committees of the Senate to which it was referred, or after such
committee or committees have been discharged from further
consideration of such bill.
(3) F o r purposes of paragraphs (1) and (2), in computing a
number of days in either House, there shall be excluded any day
on which that House is not in session.
(f) Fix)OR CONSIDERATION I N T H E H O U S E . —
(1) A motion in the House of Representatives to proceed to
the consideration of an implementing bill or approval resolution
shall be highly privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on an implement-
ing bill or approval resolution shall be limited to not more than
20 hours, which shall be divided equally between those favoring
and those opposing the bill or resolution. A motion further to
limit debate shall not be debatable. I t shall not be in order to
move to recommit an implementing bill or approval resolution
or to move to reconsider the vote by which an implementing bill
or approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representa-
tives with respect to the consideration of an implementing bill
or approval resolution, and motions to proceed to the considera-
tion of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
2004 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
procedure relating to an implementing bill or approval resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of an implementing
bill or approval resolution shall be governed by the Rules of the
House of Representatives applicable to other bills and resolutions
in similar circumstances,
(g) FLOOR CONSIDERATION I N THE SENATE.—•
(1) A motion in the Senate to proceed to the consideration of
an implementing bill or approval resolution shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill or approval
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours. The time
shall be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with an implementing bill or approval resolution shall
be limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill or reso-
lution, except that in the event the manager of the bill or resolu-
tion is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or
his designee. Such leaders, or either of them, may, from time under
their control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the con-
sideration of any debatable motion or appeal.
(4) A motion in the Senate to further Ihnit debate is not debat-
able. A motion to recommit an implementing bill or approval
resolution is not in order.
19 use 2192. SEC, 152. RESOLUTIONS DISAPPROVING CERTAIN ACTIONS.
(a) CONTENTS or RESOLUTIONS.—
"Resolution." ^;j^^ Yov purposcs of this section, the term "resolution" means
only—
(A) a concurrent resolution of the two Houses of the Con-
gress, the matter after the resolving clause of which is as
follows: "That the Congress does not approve trans-
mitted to the Congress on .", the first blank space
being filled in accordance with paragraph (2) and the second
blank space being filled with the appropriate date; and
(B) a resolution of either House of the Congress, the mat-
ter after the resolving clause of which is as follows: "That
the does not approve transmitted to the
Congress on ."', with the first blank space being filled
with the name of the resolving House, the second blank space
being filled in accordance with paragraph (3), and the third
blank space being filled with the appropriate date.
(2) The first blank space referred to in paragraph (1) (A)
shall be filled as follows:
Post, p. 2015. ^ ^ ) ijj ^i^g Q^gQ^ fyf Q^ resolution referred to in section 203 (c),
with the phrase "the action taken by, or the determination of,
the President under section 203 of the Trade Act of 1974";
and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2005
(B) in the case of a resolution referred to in section 302(b), ''°^*' P- ^O^^.
with the phrase "the action taken by the President under
section 301 of the Trade Act of 1974". Post, p. 2041.
(3) The second blank space referred to in paragraph (1) (B)
shall be filled as follows:
(A) in the case of a resolution referred to in section 303 (e)
19 u s e 1303.
of the Tariff Act of 1930, with the phrase "the determina-
tion of the Secretary of the Treasury under section 303(d)
of the Tariff Act of 1930";
(B) in the case of a resolution referred to in section 407
Post, p . 2063.
(c) (2), with the phrase "the extension of nondiscriminatory
treatment with respect to the products of " (with
this blank space being filled with the name of the country
involved) ; and
(C) in the case of a resolution referred to in section
407(c) (3), with the phrase "the report of the President sub-
mitted under section of the Trade Act of 1974 with
respect to —" (with the first blank space being filled
with "402(b)" or "409(b)", as appropriate, and the second
blank space being filled with the name of the country
involved).
(b) REFERENCE TO COMMITTEES.—All resolutions introduced in
the House of Representatives shall be referred to the Committee on
Ways and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) DISCHARGE or COMMITTEES.—
(1) If the committee of either House to which a resolution has
been referred has not reported it at the end of 30 days after its
introduction, not counting any day which is excluded under sec-
tion 153(b), it is in order to move either to discharge the com-
mittee from further consideration of the resolution or to discharge
the committee from further consideration of any other resolution
introduced with respect to the same matter, except no motion
to discharge shall be in order after the committee has reported a
resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made
only by an individual favoring the resolution, and is highly
privileged in the House and privileged in the Senate; and debate
thereon shall be limited to not more than 1 hour, the time to be
divided in the House equally between those favoring and those
opposing the resolution, and to be divided in the Senate equally
between, and controlled by, the majority leader and the minority
leader or their designees. A n amendment to the motion is not
in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(d) FLOOR CONSIDERATION IN THE HOUSE.—
(1) A motion in the House of Representatives to proceed to
the consideration of a resolution shall be highly privileged and
not debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution
shall be limited to not more than 20 hours, which shall be divided
equally between those favoring and those opposing the resolu-
tion. A motion further to limit debate shall not be debatable. No
38-194 O - 76 -44 Pt. 2
2006 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
amendment to, or motion to recommit, the resolution shall be in
order. I t shall not be in order to move to reconsider the vote
by which a resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representatives
with respect to the consideration of a resolution, and motions to
proceed to the consideration of other business, shall be decided
without debate.
(4) All appeals from the decisions of the Chair relating to
the application of the Rules of the House of Representatives to
the procedure relating to a resolution shall be decided without
debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a resolution in the
House of Representatives shall be governed by the Rules of the
House of Representatives applicable to other resolutions in similar
circumstances.
(e) Fi^OR CONSIDERATION IN TIIE SENATE.—
(1) A motion in the Senate to proceed to the consideration of a
resolution shall be privileged. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited to
not more than 20 hours, to be equally divided between, and con-
trolled by, the majority leader and the minority leader or their
designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 1
hour, to be equally divided between, and controlled by, the mover
and the manager of the resolution, except that in the event the
manager of the resolution is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by the minority
leader or his designee. Such leaders, or either of them, may, from
time under their control on the passage of a resolution, allot addi-
tional time to any Senator during the consideration of any debat-
able motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No amend-
ment to, or motion to recommit, a resolution is in order in the
Senate.
(f) SPECIAL RUT^E FOR CONCURRENT RESOLUTIONS.—In the case of a
resolution described in subsection (a) (1), if prior to the passage by one
House of a resolution of that House, that House receives a resolution
with respect to the same matter from the other House, then—
(1) the procedure in that House shall be the same as if no reso-
lution had been received from the other House; but
(2) the vote on final passage shall be on the resolution of the
other House.
19 use 2193. SEC. 153. RESOLUTIONS RELATING TO EXTENSION OF WAIVER
AUTHORITY UNDER SECTION 402.
(a) CONTENTS OF RESOLUTIONS.—For purposes of this section, the
"Resolution." ^crm "resolutiou" means only—
(1) a concurrent resolution of the two Houses of the Congress,
the matter after the resolving clause of which is as follows:
"That the Congress approves the extension of the authority con-
post, p. 2056. tained in section 402(c) (1) of the Trade Act of 1974 recommended
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2007
by the President to the Congress on , except with respect
to .", with the first blank space being filled with the
appropriate date and the second blank space being- filled with
the names of those countries, if any, with respect to which such
extension of authority is not approved, and with the except
clause being omitted if there is no such country^; and
(2) a resolution of either House of the Congress, the matter
after the resolving clause of which is as follows: "That the
does not approve the extension of the authority contained
in section 402(c) of the Trade Act of 1974 recommended by the ^°s^ P- 2056.
President to the Congress on with respect to —.",
with the first blank space being filled with the name of the resolv-
ing House, the second blank space being filled with the appropri-
ate date, and the third blank space being filled with the names
of those countries, if any, with respect to which such extension
of authority is not approved, and with the with-respect-to clause
being omitted if the extension of the authority is not approved
with respect to any country.
(b) APPLICATION or RULES OF SECTION 152; EXCEPTIONS.—
(1) Except as provided in this section, the provisions of sec-
tion 152 shall apply to resolutions described in subsection ( a ) .
(2) In applying section 152(c)(1), all calendar days shall
be counted, and, in the case of a resolution related to section
402(d)(4), 20 calendar days shall be substituted for 30 days.
(3) That part of section 152(d) (2) which provides that no
amendment is in order shall not apply to any amendment to a
resolution which is limited to striking out or inserting the names
of one or more countries or to striking out or inserting an except
clause, in the case of a resolution described in subsection (a) (1),
or a with-respect-to clause, in the case of a resolution described
in subsection (a) (2). Debate in the House of Representatives on
any amendment to a resolution shall be limited to not more than
1 hour which shall be equally divided between those favoring and
those opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not debatable.
(4) That part of section 152(e)(4) which provides that no
amendment is in order shall not apply to any amendment to a
resolution which is limited to striking out or inserting the names
of one or more countries or to striking out or inserting an
except clause, in the case of a resolution described in subsection
( a ) ( 1 ) , or a with-respect-to clause, in the case of a resolution
described in subsection ( a ) ( 2 ) . The time limit on a debate on
a resolution in the Senate under section 152(e) (2) shall include
all amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than 1
hour, to be equally divided between, and controlled by, the mover
and the manager of the resolution, except that in the event the
manager of the resolution is in favor of any such amendment,
the time in opposition thereto shall be controlled by the minority
leader or his designee. The majority leader and minority leader
may, from time under their control on the passage of a resolution,
allot additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit debate
on an amendment to a resolution is not debatable.
( c ) CONSIDEEATION OF S E C O N D RESOLUTION N o T IN O R D E R . I t shall
not be in order in either the House of Representatives or the Senate
2008 PUBLIC LAW 93-618-JAN. 3, 1975 [SB STAT.
to consider a resolution with respect to a recommendation of the Presi-
Post, p. 2056. (Jent under section 402(d) (other than a resolution described in sub-
section ( a ) ( 1 ) received irom the other House), if that House has
adopted a resolution with respect to the same recommendation.
19 use 2194. SEC. 154. SPECIAL RULES RELATING TO CONGRESSIONAL PROCE-
DURES.
(a) Whenever, pursuant to section 102(e), 203(b), 302(a), 402(d),
ptT'P'201^5' o^ ^ ' ^ (^) ^^ ( b ) ' ^^ section 303(e) of the Tariff Act of 1930, a docu-
2043' 2063, 2049. mcut is required to be transmitted to the Congress, copies of such
document shall be delivered to both Houses of Congress on the same
day and shall be deliver-ed to the Clerk of the House of Representatives
if the House is not in session and to the Secretary of the Senate if the
Senate is not in session.
(b) For purposes of sections 203(c), 302(b), 407(c)(2), and 407
(c) (3), the 90-day period referred to in such sections shall be com-
puted by excluding—
(1) the days on which either House is not in session because of
an adjournment of more than 3 days to a day certain or an adjourn-
ment of the Congress sine die, and
(2) any Saturday and Sunday, not excluded under paragraph
(1), when either House is not in session.
CHAPTER 6—CONGRESSIONAL LIAISON
AND REPORTS
19 use 2211. SEC. 161. CONGRESSIONAL DELEGATES TO NEGOTIATIONS.
(a) At the beginning of each regular session of Congress, the Speaker
of the House of Representatives, upon the recommendation of the
chairman of the Committee on Ways and Means, shall select five mem-
bers (not more than three of whom are members of the same political
party) of such committee, and the President pro tempore of the Senate,
upon the recommendation of the chairman of the Committee on
Finance, shall select five members (not more than three of whom are
members of the same political party) of such committee, who shall be
accredited by the President as official advisers to the United States
delegations to international conferences, meetings, and negotiation
sessions relating to trade agreements.
(b) (1) The Special Representative for Trade Negotiation shall keep
each official adviser currently informed on United States negotiating
objectives, the status of negotiations in progress, and the nature of
any changes in domestic law or the administration thereof which may
be recommended to Congress to carry out any trade agreement.
(2) The chairmen of the Committee on Ways and Means and the
Committee on Finance may designate members (in addition to the
official advisors under subsection (a)) and staff members of their
respective committees who shall have access to the information pro-
vided to official advisers under paragraph (1).
19 use 2212. SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS.
(a) As soon as practicable after a trade agreement entered into
under chapter 1 or section 123 or 124 has entered into force with
respect to the United States, the President shall, if he has not previ-
ously done so, transmit a copy of such trade agreement to each House
of tiie Congress together with a statement, in the light of the advice
of the International Trade Commission under section 131(b), if any,
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2009
and of other relevant considerations, of his reasons for entering into
the agreement.
(b) The President shall transmit to each Member of the Congress ^^^^^"^^^^^ "^'"'
a summary of the information required to be transmitted to each
House under subsection (a). For purposes of this subsection, the 'Member."
term "Member" includes any Delegate or Resident Commissioner.
SEC. 163. REPORTS. i9 use 2213.
(a) The President shall submit to the Congress an annual report ^^\l^cTn'rlss'
on the trade agreements program and on import relief and adjustment ''°'^* ° °"2''^^^-
assistance for workers, firms, and communities under this Act. Such
report shall include information regarding new negotiations; changes
made in duties and nontariff barriers and other distortions of trade
of the United States; reciprocal concessions obtained; changes in
trade agreements (including the incorporation therein of actions taken
for import relief and compensation provided therefor); extension
or withdrawal of nondiscriminatory treatment by the United States
with respect to the products of a foreign country; extension, modifi-
cation, withdrawal, suspension, or limitation of preferential treatment
to exports of developing countries; the results of action taken to
obtain removal of foreign trade restrictions (including discriminatory
restrictions) against United States exports and the removal of foreign
practices which discriminate against United States service industries
(including transportation and tourism) and investment; and the
measures being taken to seek the removal of other significant foreign
import restrictions; and other information relating to the trade agree-
ments program and to the agreements entered into thereunder. Such
report shall also include information regarding the number of appli-
cations filed for adjustment assistance for workers, firms, and commu-
nities, the number of such applications which were approved, and
the extent to which adjustment assistance has been provided under
such approved applications.
(b) The International Trade Commission shall submit to the Con- ^^"^^ report to
gress, at least once a year, a factual report on the operation of the C o n g r e s s .
trade agreements program.
CHAPTER 7—UNITED STATES INTERNATIONAL
TRADE COMMISSION
SEC. 171. CHANGE OF NAME OF TARIFF COMMISSION. 19 use 2231.
(a) The United States Tariff Commission (established by section
330 of the Tariff Act of 1930) is renamed as the United States Inter- 19 use 1330.
national Trade Commission.
(b) Any reference in any law of the United States, or in any order,
rule, regulation, or other document, to the United States Tariff Com-
mission (or the Tariff Commission) shall be considered to refer to
the United States International Trade Commission.
SEC. 172. ORGANIZATION OF THE COMMISSION.
(a) Subsections (a) and (b) of section 330 of the Tariff Act of
1930 (19 U.S.C. 1330) are amended to read as follows:
" ( a ) MEMBERSHIP.—^The United States International Trade Com-
mission (referred to in this title as the "Commission'-) shall be com-
posed of six commissioners who shall be appointed by the President,
by and with the advice and consent of the Senate. No person shall be
eligible for appointment as a commissioner unless he is a citizen of
the United States, and, in the judgment of the President, is possessed
20X0 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
of qualifications requisite for developing expert knowledge of inter-
national trade problems and efficiency in administering the duties
and functions of the Commission. A person who has served "as a
commissioner for more than 5 years (excluding service as a commis-
sioner before the date of the enactment of the Trade Act of 1974)
shall not be eligible for reappointment as a commissioner. Not more
than three of the commissioners shall be members of the same political
party, and in making appointments members of different political
parties shall be appointed alternately as nearly as may be practicable.
" ( b ) TERMS OF OFFICE.—The terms of office of the commissioners
holding office on the date of the enactment of the Trade Act of 1974
which (but for this sentence) would expire on June 16,1975, June 16,
1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980,
shall expire on December 16, 1976, June 16, 1978, December 16, 1979,
June 16, 1981, December 16, 1982, and June 16, 1984, respectively.
The term of office of each commissioner appointed after such date
shall expire 9 years from the date of the expiration of the term for
which his predecessor was appointed, except that any commissioner
appointed to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed for
the remainder of such term."
(b) Subsection (c) of such section is amended—
(1) by striking out "The" in the first sentence and inserting
in lieu thereof "(1) Except as provided in paragraph (2), the";
and
(2) by adding at the end thereof the following new paragraph:
"(2) Effective on and after June 17, 1975, the commissioner whose
term is first to expire and who has at least 18 months remaining in his
term shall serve as chairman during the last 18 months of his term (or,
in the case of a commissioner appointed to fill a vacancy occurring
during such 18-month pei-iod, during the remainder of his term), and
the commissioner whose term is second to expire and who has at least
36 months remaining in his term shall serve as vice chairman during
the same 18-month period (or, in the case of a commissioner appointed
to fill a vacancy occurring during such 18-month period, during the
remainder of such 18-month period)."
(c) (1) Section 5314 of title 5, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(61) Chairman, United States International Trade Com-
mission."
5 use 5315. ^2) Section 5315 of such title is amended by striking out paragraph
(24) and inserting in lieu thereof the following:
"(24) Members, United States International Trade Com-
mission."
5 use 5316. (3) Section* 5316 of such title is amended by striking out para-
graph (93).
SEC. 173. VOTING RECORD OF COMMISSIONERS.
19 use 1332. Section 332(g) of the Tariff Act of 1930 (31 U.S.C. 1332(g)) is
amended—
(1) by striking out "and" before "a summary", and
(2) by inserting before the period at the end ", and a list of all
votes taken by the commission during the year, showing those
commissioners voting in the affirmative and the negative on each
vote and those commissioners not voting on each vote and the
reasons for not voting".
88 STAT. ] PUBLIC LAW 93-618--JAN. 3, 1975 :2011
SEC. 174. REPRESENTATION IN COURT PROCEEDINGS.
Section 333(c) of the Tariff Act of 1930 (19 U.S.C. 1333(c)) is
amended—
(1) by striking out "Upon application of the Attorney Gen-
eral of the United States, at'' in subsection (c) and inserting in
lieu thereof "At", and
(2) by adding at the end thereof the following new subsection:
" ( g ) REPRESENTATION I N COURT PROCEEDINGS.—The Commission
shall be represented in all judicial proceedings by attorneys who are
employees of the commission or, at the request of the commission, by
the Attorney General of the United States."
SEC. 175. INDEPENDENT BUDGET AND AUTHORIZATION OF APPRO-
PRIATIONS.
( a ) ( 1 ) Eifective with respect to the fiscal year beginning Octo- pendltur^'es^tnd"
bei' 1, 1976, for purposes of the Budget and Accounting Act, 1921 (31 proposed appropri-
U.S.C. 1 et seq.), estimated expenditures and proposed appropria- faJ°o^pre''s'ide'nt
tions for the United States International Trade Commission shall be 19 use 2232.
transmitted to the President on or before October 15 of the year
preceding the beginning of each fiscal year and shall be included by
him in tlie Budget Avithout revision, and the Commission shall not
be considered to be a department or establishment for purposes of
such Act.
(2) Section 3679 of the Revised Statutes (31 U.S.C. 665) is amended
by inserting "the United States International Trade Commission,"
before ", or the District of Columbia" each place it appears in sub-
sections (d) and ( g ) .
(b) Section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) is
amended by adding at the end thereof the following new subsection:
"(e) AUTHORIZATION OF APPROPRIATIONS.—For the fiscal year begin-
ning October 1, 1976, and each fiscal year thereafter, there are author-
ized to be appropriated to the Commission only such sums as may
hereafter be provided by law.".
(c) (1) Paragraph (2) is enacted as an exercise of the rulemaking
power of the Senate and with full I'ecognition of the constitutional
right of the Senate to change its rules at any time.
(2) Paragraph 6(a) of rule X V I of the Standing Rules of the
Senate is amended by adding at the end of the table contained therein
the following:
"Committee on Finance For the International Trade Commission.".
TITLE II—RELIEF FROM INJURY CAUSED
BY IMPORT COMPETITION
CHAPTER 1—IMPORT RELIEF
SEC. 201. INVESTIGATION BY INTERNATIONAL TRADE COMMISSION. ^^ use 2251.
(a) (1) A petition for eligibility for import relief for the purpose ti(^'w'ifh°iTc^'''
of facilitating orderly adjustment to import competition may be filed
with the International Trade Commission (hereinafter in this chapter
referred to as the "Commission") by an entity, including a trade asso-
ciation, firm, certified or recognized union, or group of workers, which
is representative of an industry. The petition shall include a statement
describing the specific purposes for which import relief is being sought,
which may include such objectives as facilitating the orderly transfer
2012 PUBLIC LAW 93-618-jAN. 3, 1975 [88 STAT.
of resources to alternative uses and other means of adjustment to new
conditions of competition.
(2) Whenever a petition is filed under this subsection, the Commis-
sion shall transmit a copy thereof to the Special Representative for
Trade Negotiations and the agencies directly concerned.
Investigation. (b) (1) Upon the request of the President or the Special Representa-
tive for Trade Negotiations, upon resolution of either the Committee
on Ways and Means of the House of Representatives or the Committee
on Finance of the Senate, upon its own motion, or upon the filing of a
petition under subsection (a) (1), the Commission shall promptly make
an investigation to determine whether an article is being imported into
the United States in such increased quantities as to be a substantial
cause of serious injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with the imported
article.
Economic
factors. (2) I n making its determinations under paragraph (1), the Com-
mission shall take into account all economic factors which it considers
relevant, including (but not limited to)—
(A) with respect to serious injury, the significant idling of
productive facilities in the industry, the inability of a significant
number of firms to operate at a reasonable level of profit, and sig-
nificant unemployment or underemployment within the industry;
(B) with respect to threat of serious injury, a decline in sales,
a higher and growing inventory, and a downward trend in pro-
duction, profits, wages, or employment (or increasing underem-
ployment) in the domestic industry concerned; and
(C) with respect to substantial cause, an increase in imports
(either actual or relative to domestic production) and a decline in
the proportion of the domestic market supplied by domestic
producers.
(3) For purposes of paragraph (1), in determining the domestic
industry producing an article like or directly competitive with an
imported article, the Commission—
(A) may, in the case of a domestic producer which also imports,
treat as part of such domestic industry only its domestic
production,
(B) may, in the case of a domestic producer which produces
more than one article, treat as part of such domestic industry only
that portion or subdivision of the producer which produces the
like or directly competitive article, and
(C) may, in the case of one or more domestic producers, who
produce a like or directly competitive article in a major geo-
graphic area of the United States and whose production facilities
in such area for such article constitute a substantial portion of the
domestic industry in the United States and primarily serve the
market in such area, and where the imports are concentrated in
such area, treat as such domestic industry only that segment of
the production located in such area.
"Substantial (4) For purposes of this section, the term "substantial cause" means
a cause which is important and not less than any other cause.
(5) I n the course of any proceeding under this subsection, the Com-
mission shall, for the purpose of assisting the President in making his
determinations under sections 202 and 203, investigate and report
on efforts made by firms and workers in the industry to compete more
effectively with imports.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2013
Increased im-
(6) I n the course of any proceeding under this subsection, the Com- ports.
misision shall investigate any factors which in its judgment may be
contributing to increased imports of the article uij.der investigation;
and, whenever in the course of its investigation the Commission has
reason to believe that the increased imports are attributable in part
to circumstances which come within the purview of the Antidumping
Act, 1921, section 303 or 337 of the Tariff Act of 1930, or other remedial 19 u s e 160-171.
19 u s e 1303,
provisions of law, the Commission shall promptly notify the appro- 1337.
priate agency so that such action may be taken as is otherwise author- Notification.
ized by such provisions of law.
(c) In the course of any proceeding under subsection (b), the Com- Hearings.
mission shall, after reasonable notice, hold public hearings and shall
afford interested parties an opportunity to be present, to present evi-
dence, and to be heard at such hearings.
(d) (1) The Commission shall report to the President its findings Report to Presi-
under subsection (b), and the basis therefor and shall include in each
report any dissenting or separate views. If the Commission finds with
respect to any article, as a result of its investigation, the serious injury
or threat thereof described in subsection (b), it shall—
(A) find the amount of the increase in, or imposition of, any
duty or import restriction on such article which is necessary to
prevent or remedy such injury, or
(B) if it determines that adjustment assistance under chapters
2, 3, and 4 can effectively remedy such injury, recommend the pro-
vision of such assistance,
and shall include such findings or recommendation in its report to the
President. The Commission shall furnish to the President a transcript ^ Transcript of
„ 1 1 . J u • i! I,- T. U -j-x J • J.- hearings and briefs,
of the hearings and any brieis which were submitted m connection transmittal to
with each investigation. President.
(2) The report of the Commission of its determination under sub-
section (b) shall be made at the earliest practicable time, but not later
than 6 months after the date on which the petition is filed (or the date
on which the request or resolution is received or the motion is adopted,
as the case may be). Upon making such report to the President, the
Commission shall also promptly make public such report (with the
exception of information which the Commission determines to be con-
fidential) and shall cause a summary thereof to be published in the Publication in
Federal Eegister. ^"''"^' Register.
(e) Except for good cause determined by the Commission to exist,
no investigation for the purposes of this section shall be made with
respect to the same subject matter as a previous investigation under
this section, unless 1 year has elapsed since the Commission made its
report to the President of the results of such previous investigation.
(f) (1) Any investigation by the Commission under section 301(b) investigations,
contlnuatlon.
of the Trade Expansion Act of 1962 (as in effect before the date of ""*
19 u s e ~"
1901.
the enactment of this Act) which is in progress immediately before
such date of enactment shall be continued under this section in the
same manner as if the investigation had been instituted originally
under the provisions of this section. For purposes of subsection (d)
(2), the petition for any investigation to which the preceding sentence
applies shall be treated as having been filed, or the request or resolu-
tion as having been received or the motion having been adopted, as
the case may be, on the date of the enactment of this Act.
(2) If, on the date of the enactment of this Act, the President has
not taken any action with respect to any report of the Commission
containing an affirmative determination resulting from an investiga-
2014 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
tion under section 301(b) of the Trade Expansion Act of 1962 (as in
19 u s e 1901. effect before the date of the enactment of this A c t ) , such report shall
be treated by the President as a report received by him under this
section on the date of the enactment of this Act.
19 u s e 2252. SEC. 202, PRESIDENTIAL ACTION AFTER INVESTIGATIONS.
(a) After receiving a report from the Commission containing an
affirmative finding under section 201(b) that increased imports have
been a substantial cause of serious injury or the threat thereof with
respect to an industry, the President—
(1) (A) shall provide import relief for such industry pursuant
to section 203, unless he determines that provision of such relief
is not in the national economic interest of the United States, and
(B) shall evaluate the extent to which adjustment assistance
has been made available (or can be made available) under
Ante, pp. 1986, chapters 2, 3, and 4 of this title to the workers and firms in such
1994, 1999.
industry and to the communities in which such workers and firms
are located, and, after such evaluation, may direct the Secretary
of Labor and the Secretary of Commerce that expeditious con-
sideration be given to the petitions for adjustment assistance; or
(2) if the Commission, under section 201(d), recommends the
provision of adjustment assistance, shall direct the Secretaries of
Labor and Commerce as described in paragraph (1) ( B ) .
(b) Within 60 days (30 days in the case of a supplemental report
under subsection ( d ) ) after receiving a report from the Commission
containing an affirmative finding under section 201(b) (or a finding
under section 201(b) which he considers to be an affirmative finding,
19 u s e 1330. by reason of section 330(d) of the Tariff Act of 1930, within such
60-day (or 30-day) period), the President shall—
(1) determine what method and amount of import relief he
will provide, or determine that the provision of such relief is not
in the national economic interest of the United States, and whether
he will direct expeditious consideration of adjustment assistance
Publication in petitions, and publish in the Federal Register that, he has made
Federal Register.
such determination; or
Publication in (2) if such report recommends the provision of adjustment
Federal R e g i s t e r .
assistance, publish in the Federal Register his order to the Secre-
tary of Labor and Secretary of Commerce for expeditious con-
sideration of petitions.
Additional con- (c) In determining whether to provide import relief and what
siderations.
method and amount of import relief he will provide pursuant to sec-
tion 203, the President shall take into account, in addition to such
other considerations as he may deem relevant—
(1) information and advice from the Secretary of Labor on
the extent to which workers in the industry have applied for, are
receiving, or are likely to receive adjustment assistance under
chapter 2 or benefits from other manpower programs;
(2) information and advice from the Secretary of Commerce
on the extent to which firms in the industry have applied for, are
receiving, or are likely to receive adjustment assistance under
chapters 3 and 4;
(3) the probable effectiveness of import relief as a means to
promote adjustment, the efforts being made or to be implemented
by the industry concerned to adjust to import competition, and
other considerations relative to the position of the industry in the
Nation's economy;
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2015
(4) the effect of impoit relief on consumers (including the
price and availability of the imported article and the like or
directly competitive article produced in the United States) and
on competition in the domestic markets for such articles;
(5) the effect of import relief on the international economic
interests of the United States;
(6) the impact on United States industries and firms as a
consequence of any possible modification of duties or other import
restrictions which may result from international obligations with
respect to compensation;
(7) the geographic concentration of imported products mar-
keted in the United States;
(8) the extent to which the United States market is the focal
point for exports of such article by reason of restraints on exports
of such article to, or on imports of such article into, third country
markets; and
(9) the economic and social costs which would be incurred by
taxpayers, communities, and workers, if import relief were or
were not provided.
(d) The President may, within 15 days after the date on which difionarinfo°rml-'
he receives an affirmative finding of the Commission under section tion.
201(b) with respect to an industry, request additional information
from the Commission. The Commission shall, as soon as practicable
but in no event more than 30 days after the date on which it receives
the President's request, furnish additional information with respect
to such industry in a supplemental report.
SEC. 203. IMPORT R E L I E F . 19 u s e 2253.
(a) If the President determines to provide import relief under sec-
tion 202(a) (1), he shall, to the extent that and for such time (not to
exceed 5 years) as he determines necessary taking into account the
considerations specified in section 202(c) to prevent or remedy serious
injury or the threat thereof to the industry in question and to facilitate
the orderly adjustment to new competitive conditions by the industry
in question—•
(1) proclaim an increase in, or imposition of, any duty on the
article causing or threatening to cause serious injury to such
industry;
(2) proclaim a tariff-rate quota on such article;
(3) proclaim a modification of, or imposition of, any quantita-
tive restriction on the import into the United States of such
article;
(4) negotiate orderly marketing agreements with foreign coun-
tries limiting the export from foreign countries and the import
into the United States of such articles; or
(5) take any combination of such actions.
(b) (1) On the day on which the President proclaims import relief Documents,
transmittal to
under this section or announces his intention to negotiate one or more congress
orderly marketing agreements, the President shall transmit to Con-
gress a document setting forth the action he is taking under this sec-
tion. If the action taken by the President differs from the action
recommended to him by the Commission under section 201 ( b ) ( 1 ) ( A ) ,
he shall state the reason for such difference.
(2) On the day on which the President determines that the provi-
sion of import relief is not in the national economic interest of the
United States, the Piesident shall transmit to Congress a document
setting forth such determination and the reasons why, in terms of the
2016 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
national economic interest, he is not providing import relief and also
what other steps he is taking, beyond adjustment assistance programs
immediately available to help the industry to overcome serious injury
and the workers to find productive employment.
(c)(1) If the President reports under subsection (b) that he is
taking action which differs from the action recommended by the Com-
mission under section 201 (b) (1) ( A ) , or that he will not provide import
relief, the action recommended by the Commission shall take effect
(as provided in paragraph (2)) upon the adoption by both Houses of
Congress (within the 90-day period following the date on which the
document referred to in subsection (b) is transmitted to the Congress),
by an affirmative vote of a majority of the Members of each House
present and voting, of a concurrent resolution disapproving the ajction
taken by the President or his determination not to provide import
relief under section 202(a) (1) ( A ) .
(2) If the contingency set forth in paragraph (1) occurs, the Presi-
dent shall (within 30 days after the adoption of such resolution)
proclaim the increase in, or imposition of, any duty or other import
restriction on the article which Avas recommended by the Commission
under section 201(b).
(d) (1) No proclamation pursuant to subsection (a) or (c) shall
be made increasing a rate of duty to (or imposing) a rate which is
more than 50 percent ad valorem above the rate (if any) existing a t
the time of the proclamation.
Quantitative
restriction. (2) Any quantitative restriction proclaimed pursuant to subsection
(a) or (c) and any orderly marketing agreement negotiated pursuant
to subsection (a) shall permit the importation of a quantity or value
of the article which is not less than the quantity or value of such article
imported into the United States during the most recent period which
the President determines is representative of imports of such article.
(e) (1) Import relief under this section shall be proclaimed and take
effect within 15 days after the import relief determination date unless
the President announces on such date his intention to negotiate one or
more orderly marketing agreements under subsection (a) (4) or (5)
in which case import relief shall be proclaimed and take effect within
90 days after the import relief determination date.
Marketing (2) If the President provides import relief under subsection (a)
agreements.
(1), (2), (3), or (5), he may, after such relief takes effect, negotiate
orderly marketing agreements with foreign countries, and may, after
such agreements take effect, suspend or terminate, in whole or in part,
such import relief.
(3) If the President negotiates an orderly marketing agreement
under subsection (a) (4) or (5) and such agreement does not con-
tinue to be effective, he may, consistent with the limitations contained
in subsection ( h ) , provide import relief under subsection (a) (1),
(2), (3), or (5).
"Import relief (4) F o r purposes of this subsection, the term "import relief deter-
determination
date." mination date" means the date of the President's determination under
section 202(b).
(f)(1) For purposes of subsections (a) and (c), the suspension
19 u s e 1202. of item 806.30 or 807.00 of the Tariff Schedules of the United States
with respect to an article shall be treated as an increase in duty.
(2) For purposes of subsections (a) and (c), the suspension of the
designation of any article as an eligible article for purposes of title
Post, p . 2066. V shall be treated as an increase in duty.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 :2017
(3) No proclamation providing for a suspension referred to in
paragraph (1) with respect to any article shall be made under sub-
section (a) or (c) unless the Commission, in addition to making an
affirmative determination with respect to such article under section
201(b), determines in the course of its investigation under section
201(b) that the serious injury (or threat thereof) substantially caused
by imports to the domestic industry producing a like or directly com-
petitive article results from the application of item 806.30 or item
807.00.
(4) No proclamation which provides solely for a suspension
referred to in paragraph (2) with respect to any article shall be made
under subsection (a) or (c) unless the Commission, in addition to
making an affirmative determination with respect to such article
under section 201(b), determines in the course of its investif>:ation
under section 201(b) that the serious injury (or threat thereof) sub-
stantially caused by imports to the domestic industry producing a
like or directly competitive article results from the des'flrnation of the
article as an eligible article for the purposes of title V. ^°®f' P- ^oee.
(g) (1) The President shall by regulations provide for the efficient Regulations;.
and fair administration of any quantitative restriction proclaimed
pursuant to subsection ( a ) ( 3 ) or (c).
(2) In order to carry out an agreement concluded under subsection
( a ) ( 4 ) , ( a ) ( 5 ) , or ( e ) ( 2 ) , the President is authorized to prescribe
regulations governing the entry or withdrawal from warehouse of
articles covered by such agreement. In addition, in order to carry
out any agreement concluded under subsection ( a ) ( 4 ) , ( a ) ( 5 ) , or
(e) (2) with one or more countries accounting for a major part of
United States imports of the article covered by such agreements,
including imports into a major geographic area of the United S'ates,
the President is authorized to issue regulations governing the entry
or withdrawal from warehouse of like articles which are the product
of countries not parties to such agreement.
(3) Regulations prescribed under this subsection shall, to the extent
practicable and consistent with efficient and fair administration, insure
against inequitable sharing of imports by a relatively small number of
the larger importers.
(h) (1) Any import relief provided pursuant to this section shall, import relief,
unless renewed pursuant to paragraph (3), terminate no later than t^"""'"^"""-
the close of the day which is 5 years after the day on which import
relief with respect to the article in question first took effect pursuant
to this section.
(2) To the extent feasible, any import relief provided pursuant
to this section for a period of more than 3 years shall be phased down
during the period of such relief, with the first reduction of relief tak-
ing effect no later than the close of the day which is 3 years after the
day on which such relief first took effect.
(3) Any import relief provided pursuant to this section or section
351 or 352 of the Trade Expansion Act of 1962 may be extended by the i9 use 1981,
President, at a level of relief no greater than the level in effect ^^^^"
immediately before such extension, for one 3-year period if the Presi-
dent determines, after taking into account the advice received from
the Commission under subsection (i) (2) and after taking into account
the considerations described in section 202(c), that such extension is ^"'e- p- 2014.
in the national interest.
2018 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(4) Any import relief provided pursuant to this section may be
reduced or terminated by the President when he determines, after
taking into account the advice received from the Commission under
subsection (i) (2) and after seeking advice of the Secretary of Com-
merce and the Secretary of La^bor, that such reduction or termination
is in the national interest.
(5) For purposes of this subsection and subsection ( i ) , the import
relief provided in the case of an orderly marketing agreement shall be
the level of relief contemplated by such agreement.
Review of de- ( i ) ( l ) So loug as auy import relief provided pursuant to this
pons^To'pre's'i^" scctlon or section 351 or 352 of the Trade Expansion Act of 1962
dent. remains in effect, the Commission shall keep under review develop-
1982. ' ments with respect to the industry concerned (including the progress
and specific eiforts made by the firms in the industry concerned to
adjust to import competition) and upon request of the President shall
make reports to the President concerning such developments.
(2) Upon request of the President or upon its own motion, the
Commission shall advise the President of its judgment as to the prob-
able economic effect on the industry concerned of the extension, reduc-
tion, or termination of the import relief provided pursuant to this
section.
(3) Upon petition on behalf of the industry concerned, filed with
the Commission not earlier than the date which is 9 months, and not
later than the date which is 6 months, before the date any import relief
provided pursuant to this section or section 351 or 352 of the Trade
Expansion Act of 1962 is to terminate by reason of the expiration of
the initial period therefor, the Commission shall advise the President
of its judgment as to the probable economic effect on such industry of
such termination.
(4) In advising the President under paragraph (2) or (3) as
to the probable economic effect on the industry concerned, the Com-
mission shall take into account all economic factors which it
considers relevant, including the considerations set forth in section
202(c) and the progress and specific efforts made by the industry con-
cerned to adjust to import competition.
"^^""8- (5) Advice by the Commission under paragraph (2) or (3) shall
be given on the basis of an investigation during the course of which
the Commission shall hold a hearing at which interested persons shall
be given a reasonable opportunity to be present, to produce evidence,
and to be heard.
(j) No investigation for the purposes of section 201 shall be made
with respect to an article which has received import relief under this
section unless 2 years have elapsed since the last day on which import
relief was provided with respect to such article pursuant to this section,
(k) (1) Actions by the President pursuant to this section may be
Ante, p. 1992. ^^g^\^QJ^ wlthout regard to the provisions of section 126(a) of this Act
but only after consideration of the relation of such actions to the
international obligations of the United States.
Geographic (2) If thc Commlsslou treats as the domestic industry production
dom'el'tirpr°o'duc- locatcd lu a major geographic area of the United States under section
tion. 2 0 1 ( b ) ( 3 ) ( C ) , then the President shall take into account the geo-
graphic concentration of domestic production and of imports in that
area in providing import relief, if any, which may include actions
authorized under paragraph (1).
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2019
CHAPTER 2—ADJUSTMENT ASSISTANCE
FOR WORKERS
Subchapter A—Petitions and Determinations
SEC. 221. PETITIONS. 19 u s e 2271.
(a) A petition for a certification of eligibility to apply for adjust-
ment assistance under this chapter may be filed with the Secretary
of Labor (hereinafter in this chapter referred to as the "Secretary")
by a group of woi-kers or by their certified or recognized union or
other duly authorized representative. Upon receipt of the petition, the P u b l i c a t i o n in
F e d e r a l Register.
Secretary shall promptly publish notice in the Federal Kegister that
he has received the petition and initiated an investigation.
(b) If the petitioner, or any other person found by the Secretary Hearing.
to have a substantial interest in the proceedings, submits not later than
10 days after the date of the Secretary's publication under subsection
(a) a request for a hearing, the Secretary shall provide for a public
hearing and afford such interested persons an opportunity to be
present, to produce evidence, and to be heard.
SEC. 222. GROUP ELIGIBILITY REQUIREMENTS. 19 u s e 2272.
The Secretary shall certify a group of workers as eligible to apply
for adjustment assistance under this chapter if he determines—
(1) that a significant number or proportion of the workers
in such workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are threatened to
become totally or partially separated,
(2) that sales or production, or both, of such firm or subdivi-
sion have decreased absolutely, and
(3) that increases of imports of articles like or directly com-
petitive with articles produced by such workers' firm or an
appropriate subdivision thereof contributed importantly to such
total or partial separation, or threat thereof, and to such decline
in sales or production.
"eontributed
F o r purposes of paragraph (3), the term "contributed importantly" importantly."
means a cause which is important but not necessarily more important
than any other cause.
SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR. 19 u s e 2273.
e e r t i f i c a t i o n of
(a) As soon as possible after the date on which a petition is filed eligibility.
under section 221, but in any event not later than 60 days after that
date, the Secretary shall determine whether the petitioning group
meets the requirements of section 222 and shall issue a certification
of eligibility to apply for assistance under this chapter covering work-
ers in any group which meets such requirements. Each certification
shall specify the date on which the total or partial separation began
or threatened to begin.
(b) A certification under this section shall not apply to any worker
whose last total or partial separation from the firm or appropriate
subdivision of the firm before his application under section 231
occurred—
(1) more than one year before the date of the petition on
which such certification was granted, or
(2) more than 6 months before the effective date of this
chapter.
2020 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
Publication in (c) Upon reaching his determination on a petition, the Secretary
Federal Register.
shall promptly publish a summary of the determination in the Fed-
eral Register together with his reasons for making such determination.
(d) Whenever the Secretary determines, with respect to any certi-
fication of eligibility of the workers of a firm or subdivision of the
firm, that total or partial separations from such firm or subdivision
are no longer attributable to the conditions specified in section 222, he
P u b l i c a t i o n in shall terminate such certification and promptly have notice of such
Federal Register.
termination published in the Federal Register together with his rea-
sons for making such determination. Such termination shall apply
only with respect to total or partial separations occurring after the
termination date specified by the Secretary.
19 u s e 2274. SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL
TRADE COMMISSION BEGINS INVESTIGATION; ACTION
WHERE THERE IS AFFIRMATIVE FINDING.
(a) AVhenever the International Trade Commission (hereafter
referred to in this chapter as the "Commission") begins an investiga-
tion under section 201 with respect to an industry, the Commission
shall immediately notify the Secretary of such investigation, and the
Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing
the like or directly competitivejarticle who have been or are likely
to be certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the
import competition may be facilitated through the use of exist-
ing programs.
Report to P r e s - (b) The report of the Secretary of the study under subsection (a)
ident.
shall be made to the President not later than 15 days after the day on
Publication in which the Commission makes its report under section 201. Upon mak-
Federal Register.
ing his report to the President, the Secretary shall also promptly make
it public (with the exception of information which the Secretary deter-
mmes to be confidential) and shall have a summary of it published
in the Federal Register.
(c) Whenever the Commission makes an affirmative finding under
section 201(b) that increased imports are a substantial cause of seri-
ous injury or threat thereof with respect to an industry, the Secretary
shall make available, to the extent feasible, full information to the
workers in^such industry about programs which may facilitate the
adjustment to import competition of such workers, and he shall pro-
vide assistance in the preparation and processing of petitions and
applications of such workers for program benefits.
Subchapter B—Program Benefits
PART I—TRADE READJUSTMENT ALLOWANCES
19 u s e 2291. SEC. 231. QUALIFYING REQUIREMENTS FOR WORKERS.
Payment of a trade readjustment allowance shall be made to an
adversely affected worker covered by a certification under subchapter
A who files an application for such allowance for any week of unem-
ployment which begins after the date specified in such certification
pursuant to section 223(a), if the following conditions are met:
(1) Such worker's last total or partial separation before his
application under this chapter, occurred—
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2021
(A) on or after the date, as specified in the certification
under which he is covered, on which total or partial separa-
tion began or threatened to begin in the adversely affected
employment, and
(B) before the expiration of the 2-year period beginning
on the date on which the determination under section 223
was made, and
(C) before the termination date (if any) determined pur-
suant to section 223 ( d ) ; and
(2) Such worker had, in the 52 weeks immediately preceding
such total or partial separation, at least 26 weeks of employment
at wages of $30 or more a week in adversely affected employment
with a single firm or subdivision of a firm, or, if data with respect
to weeks of employment are not available, equivalent amounts
of employment computed under regulations prescribed by the
Secretary.
SEC. 232. WEEKLY AMOUNTS. i9 use 2292.
(a) Subject to the other provisions of this section, the trade read-
justment allowance payable to an adversely affected worker for a
week of unemployment shall be—
(1) 70 percent of his average weekly wage (but not in excess
of the average weekly manufacturing wage), reduced by
(2) 50 percent of the amount of the remuneration for services
performed during such week,
(b) Any adversely affected worker who is entitled to trade read-
justment allowances and who is undergoing training approved by
the Secretary, including on-the-job training, shall receive for each
week in which he is undergoing any such training, a trade readjust-
ment allowance in an amount (computed for such week) equal to the
amount computed under subsection (a) or (if greater) the amount
of any weekly allowance for such training to which he would be
entitled under any other Federal law for the training of workers, if
he applied for such allowance. Such trade readjustment allowance
shall be paid in lieu of any training allowance to which the worker
would be entitled under such other Federal law.
(c) The amount of trade readjustment allowance payable to an
adversely affected worker under subsection (a) for any we-ek shall
be reduced by any amount of unemployment insurance which he
receives, or which he would receive if he applied for such insurance,
with respect to such week; but, if the appropriate State or Federal
agency finally determines that the worker was not entitled to unem-
ployment insurance with respect to such week, the reduction shall not
apply with respect to such week.
(d) If unemployment insurance, or a training allowance under any
Federal law, is paid to an adversely affected worker for any week of
unemployment with respect to which he would be entitled (determined
without regard to subsection (c) or (e) or to any disqualification under
section 236(c)) to a trade readjustment allowance if he applied for
such allowance, each such week shall be deducted from the total num-
ber of weeks of trade readjustment allowance otherwise payable to
him under section 233(a) when he applies for a trade readjustment
allowance and is determined to be entitled to such allowance. If the
unemployment insurance or the training allowance paid to such
worker for any week of unemployment is less than the amount of the
trade readjustment allowance to which he would be entitled if he
applied for such allowance, he shall receive, when he applies for a
38-194 O - 76 - 45 Pt. 2
2022 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
trade readjustment allowance and is determined to be entitled to such
allowance, a trade readjustment allowance for such week equal to such
difference.
(e) Whenever, with respect to any week of unemployment, the
total amount payable to an adversely affected worker as remuneration
for services performed during such week, as unemployment insurance,
as a training allowance referred to in subsection ( d ) , and as a trade
readjustment allowance exceeds 80 percent of his average weekly wage
(or, if lesser, 130 percent of the average weekly manufacturing wage),
then his trade readjustment allowance for such week shall be reduced
by the amount of such excess.
(f) The amount of any weekly payment to be made under this
section which is not a whole dollar amount shall be rounded upward
to the next higher whole dollar amount.
19 use 2293. SEC. 233. TIME LIMITATIONS ON TRADE READJUSTMENT ALLOW-
ANCES.
(a) Payment of trade readjustment allowances shall not be made
to an adversely affected worker for more than 52 weeks, except that,
in accordance with regulations prescribed by the Secretary—
(1) such payments may be made for not more than 26 addi-
tional weeks "to an adversely affected worker to assist him to
complete training approved by the Secretary, or
(2) such payments shall be made for not more than 26 addi-
tional weeks to an adversely affected worker who had reached his
60th birthday on or before the date of total or partial separation.
I n no case may an adversely aft'ected worker be paid trade readjust-
ment allowances for more than 78 weeks.
(b) (1) Except for a payment made for an additional week under
subsection (a) (1) or (a) (2), a trade readjustment allowance may not
be paid for a week of unemployment beginning more than 2 years
after the beginning of the appropriate week.
(2) A trade readjustment allowance may not be paid for an addi-
tional week specified in subsection (a) (1) if the adversely affected
worker who would receive such allowance did not make a bona fide
application to a training program approved by the Secretary within
180 days after the end of the appropriate week or the date of his first
certification of eligibility to apply for adjustment assistance issued by
the Secretary, whichever is later.
(3) A trade readjustment alloAvance may not be paid for an addi-
tional week specified in subsection (a) if such additional week begins
more than 3 years after the beginning of the appropriate week.
(4) For purposes of this subsection, the appropriate week—
(A) for a totally separated worker is the week of his most recent
total separation, and
(B) for a partially separated worker is the first week for which
he receives a trade readjustment allowance following his most
recent partial separation.
19 use 2294. SEC. 234. APPLICATION OF STATE LAWS.
Except where inconsistent with the provisions of this chapter and
subject to such regulations as the Secretary may prescribe, the avail-
ability and disqualification provisions of the State law—
(1) under which an adversely affected worker is entitled to
unemployment insurance (whether or not he has filed a claim for
such insurance), or
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2023
(2) if he is not so entitled to unemployment insurance, of the
State in which he was totally or partially sej>ara,ted,
shall apply to any such worker who files a claim for trade readjust-
ment allowances. The State law so determined with respect to a separa-
tion of a worker shall remain applicable, for purposes of the preceding
sentence, with respect to such separation until such worker becomes
entitled to unemployment insurance under another State law (whether
or not he has filed a claim for such insurance).
PART II—TRAINING AND RELATED SERVICES
SEC. 235. EMPLOYMENT SERVICES. 19 u s e 2295.
The Secretary shall make every reasonable effort to secure for
adversely affected workers covered by a certification under subchapter
A of this chapter counseling, testing, and placement services, and sup- Ante, p. 2019.
portive and other services, provided for under any other Federal law.
The Secretary shall, whenever appropriate, procure such services
through agreements with cooperating State agencies.
SEC. 236. TRAINING. 19 u s e 2296.
(a) If the Secretary determines that there is no suitable employ-
ment available for an adversely affected worker covered by a certifica-
tion under subchapter A of this chapter, but that suitable employment
(which may include technical and professional employment) would
be available if the worker received appropriate training, he may
approve such training. Insofar as possible, the Secretary shall provide
or assure the provision of such training on the job.
Supplemental
(b) The Secretary may, where appropriate, authorize supplemental assistance.
assistance necessary to defray transportation and subsistence expenses
for separate maintenance when training is provided in facilities which
are not within commuting distance of a worker's regular place of resi-
dence. The Secretary shall not authorize payments for subsistence Limitations.
exceeding $15 per day; nor shall he authorize payments for trans-
portation expenses exceeding 12 cents per mile.
(c) Any adversely affected worker who, without good cause, refuses
to accept or continue, or fails to make satisfactory progress in, suitable
training to which he has been referred by the Secretary shall not there-
after be entitled to payments under this chapter until he enters or
resumes the trainino; to which he has been so referred.
PART III—JOB SEARCH A N D RELOCATION
ALLOWANCES
SEC. 237. JOB SEARCH ALLOWANCES. 19 u s e 2297.
(a) Any adversely affected worker covered by a certification under
subchapter A of this chapter who has been totally separated may file
an application with the Secretary for a job search allowance. Such
allowance, if granted, ^hall provide reimbursement to the worker of
80 percent of the cost of his necessary job search expenses as pre-
scribed by regulations of the Secretary; except that such reimburse- Limitation.
ment may not exceed $500 for any worker.
(b) A job search allowance may be granted only— Conditions.
(1) to assist an adversely affected worker in securing a job
within the United States;
(2) where the Secretary determines that such worker cannot
reasonably be expected to secure suitable employment in the
commuting area in which he resides; and
2024 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(3) where the worker has filed an application for such allow-
ance with the Secretary no later than 1 year after the date of his
last total separation before his application under this chapter
or (in the case of a worker who has been referred to training by
the Secretary) within a reasonable period of time after the con-
clusion of such training period.
19 u s e 2298. SEC. 238. RELOCATION ALLOWANCES.
(a) Any adversely affected worker covered by a certification under
Ante, p. 2019. subchapter A of this chapter who has been totally separated may file
an application with the Secretary for a relocation allowance, subject
to the terms and conditions of this section.
Conditions. (b) A relocation allowance may be granted only to assist an
adversely affected worker in relocating within the United States and
only if the Secretary determines that such worker cannot reasonably
be expected to secure suitable employment in the commuting area in
which he resides and that such worker—
(1) has obtained suitable employment affording a reasonable
expectation of long-term duration in the area in which he wishes
to relocate, or
(2) has obtained a bona fide offer of such employment.
(c) A relocation allowance shall not be granted to such worker
unless—
(1) for the week in which the application for such allowance
is filed, he is entitled to a trade readjustment allowance (deter-
mined without regard to section 232 (c) and (e)) or would be so
entitled (determined without regard to whether he filed applica-
tion therefor) but for the the fact that he has obtained the
employment referred to in subsection (b) (1), and
(2) such relocation occurs within a reasonable period after the
filing of such application or (in the case of a worker who has
been referred to training by the Secretary) within a reasonable
period after the conclusion of such training.
Under regulations prescribed by the Secretary, a relocation allowance
shall not be granted to more than one member of the family with
respect to the same relocation.
"Relocation (d) For the purposes of this section, the term "relocation
allowance."
allowance" means—•
(1) 80 percent of the reasonable and necessary expenses, as
specified in regulations prescribed by the Secretary, incurred in
transporting a worker and his family, if any, and household
effects, and
(2) a lump sum equivalent to three times the worker's average
weekly wage, up to a maximum payment of $500.
Subchapter C—General Provisions
19 u s e 2311. SEC. 239. AGREEMENTS WITH STATES.
(a) The Secretary is authorized on behalf of the United States
to enter into an agreement with any State, or with any State agency
(referred to in this subchapter as "cooperating States" and "cooperat-
ing States agencies" respectively). Under such an agreement, the
cooperating State agency (1) as agent of the United States, will receive
applications for, and will provide, payments on the basis provided
in this chapter, (2) where appropriate, will afford adversely affected
workers who apply for payments under this chapter testing, counsel-
88 STAT.] PUBLIC LAW 9a-618-JAN. 3, 1975 2025
ing, referral to training, and placement services, and (3) will otherwise
cooperate with the Secretary and with other State and Federal agen-
cies in providing payments and services under this chapter.
(b) Each agreement under this subchapter shall provide the terms Terms and con-
ditions.
and conditions upon which the agreement may be amended, sus-
pended, or terminated.
(c) Each agreement under this subchapter shall provide that unem- Unemployment
insurance.
ployment insurance otherwise payable to any adversely affected
worker will not be denied or reduced for any week by reason of any
right to payments under this chapter.
(d) A determination by a cooperating State agency with respect to Entitlement to
benefits, review.
entitlement to program benefits under an agreement is subject to
review in the same manner and to the same extent as determinations
under the applicable State law and only in that manner and to that
extent.
26 u s e 3302.
(e) Section 3302(c) of the Internal Revenue Code of 1954 (relat-
ing to credits against Federal unemployment tax) is amended by
inserting after paragraph (3) the following new paragraph:
"(4) If the Secretary of Labor determines that a State, or
State agency, has not—
" ( A ) entered into the agreement described in section 239
of the Trade Act of 1974, with the Secretary of Labor before Ante, p. 2024.
July 1,1975, or
" ( B ) fulfilled its commitments under an agreement with
the Secretary of Labor as described in section 239 of the
Trade Act of 1974,
then, in the case of a taxpayer subject to the unemployment
compensation law of such State, the total credits (after applying
subsections (a) and (b) and paragraphs (1), (2), and (3) of
this section) otherwise allowable under this section for a year
during which such State or agency does not enter into or fulfill
such an agreement shall be reduced by 15 percent of the tax
imposed with respect to wages paid by such taxpayer during such
year which are attributable to such State.".
SEC. 240. ADMINISTRATION ABSENT STATE AGREEMENT. 19 u s e 2312.
Hearing.
(a) In any State where there is no agreement in force between a
State or its agency under section 239, the Secretary shall arrange
under regulations prescribed by him for performance of all necessary
functions under subchapter B of this chapter, including provision Ante, p. 2020.
for a fair hearing for any worker whose application for payments
is denied.
(b) A final determination under subsection (a) with respect to J u d i c i a l review.
entitlement to program benefits under subchapter B of this chapter
is subject to review by the courts in the same manner and to the same
extent as is provided by section 205(g) of the Social Security Act (42
U.S.C. sec. 405(g)).
SEC. 241. PAYMENTS TO STATES. 19 u s e 2313.
(a) The Secretary shall from time to time certify to the Secretary
of the Treasury for payment to each cooperating State the sums
necessary to enable such State as agent of the United States to make
payments provided for by this chapter. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payment to the State from the Adjustment Assistance Trust
Fund established in section 245 in accordance with such certification.
2026 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(b) All money paid a State under this section shall be used solely
for the purposes for which it is paid; and money so paid which is not
used for such purposes shall be returned, at the time specified in the
agreement under this subchapter, to the Secretary of the Treasury and
credited to Adjustment Assistance Trust Fund.
^ Surety bond to ^(.^ ^j^y agreement under this subchapter may require any officer
or employee of the State certifying payments or disbursing funds
under the agreement or otherwise participating in the performance
of the agreement, to give a surety bond to the United States in such
amount as the Secretary may deem necessary, and may provide for the
payment of the cost of such bond from funds for carrying out the
purposes of this chapter.
19 use 2314. SEC. 242. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.
(a) No person designated by the Secretary, or designated pursuant
to an agreement under this subchapter, as a certifving officer, shall, in
the absence of gross negligence or intent to defraud the United States,
be lia;ble with respect to any payment certified by him under this
chapter.
(b) No disbursing officer shall, in the absence of gross negligence or
intent to defraud the United States, be liable with respect to any pay-
ment by him under this chapter if it was based upon a voucher signed
by a certifying officer designated as provided in subsection (a).
19 use 2315. SEC. 243. RECOVERY OF OVERPAYMENTS.
(a) If a cooperating State agency or the Secretary, or a court of
competent jurisdiction finds that any person—
(1) has made or has caused to be made by another, a false state-
ment or representation of a material fact knowing it to be false,
or has knowingly failed or caused another to fail to disclose a
material fact; and
(2) as a result of such action has received any payment under
this chapter to which he was not entitled,
such person shall be liable to repay such amount to the State agency
or the Secretary as the case may be, or either may recover such amount
by deductions from any sums payable to such person under this chap-
ter. Any such finding by a State agency or the Secretary may be
made only after an opportunity for a fair hearing.
(b) Any amount repaid to a State agency under this section shall
be deposited into the fund from which payment was made. Any
amount repaid to the Secretary under this section shall be returned
to the Secretary of the Treasury and credited to the Adjustment
Assistance Trust Fund.
19 use 2316. SEC. 244. PENALTIES.
Whoever makes a false statement of a material fact knowing it to
be false, or knowingly fails to disclose a material fact, for the purpose
of obtaining or increasing for himself or for any other person any
payment authorized to be furnished under this chapter or pursuant
to an agreement under section 239 shall be fined not more than $1,000
or imprisoned for not more than one year, or both.
19 use 2317. SEC. 245. CREATION OF TRUST FUND; AUTHORIZATION OF APPRO-
PRIATIONS OUT OF CUSTOMS RECEIPTS.
siftl^ceTmsf ^ (^) There is hereby established on the books of the Treasury of
Fund. the United States a trust fund to be known as the "Adjustment Assist-
Estabiishment. QJT^^ Trust F u n d " (referred to in this section as the "Trust F u n d " ) .
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 ^^27
The Trust Fund shall consist of such amounts as may be dej)osited in
it pursuant to the authorization contained in subsection ( b ) . Amounts
in the Trust Fund may be used only to carry out the provisions of
this chapter (including; administrative costs). The Secretary of the Report to con-
A -t -I Ere s s
Treasury shall be the trustee of the Trust Fund and shall report to
the Congress not later than March 1 of each year on the operation
and status of the Trust Fund during the preceding fiscal year.
(b) (1) There are hereby authorized to be appropriated to the Trust Appropriations.
Fund, out of amounts in the general fund of the Treasury attributa-
ble to the collections of customs duties not otherwise appropriated, for
each fiscal year ending after the date of the enactment of this Act, such
siuns as may be necessary to carry out the provisions of this chapter
(including administrative costs).
(2) There are authorized to be appropriated to the Trust Fund, for
purposes of training (including administrative costs) underNgection
236 such sums as may be necessary.
SEC. 246. TRANSITIONAL PROVISIONS. 19 use 2318.
(a) Where a group of workers has been certified as eligible to apply ^.^^^f*'^^ appu-
for adjustment assistance under section 302(b) (2) or (c) of the Trade
Expansion Act of 1962, any worker who has not had an application for ^^ "^^ ^^o^-
trade readjustment allowances under section 322 of that Act denied ^^ ^^^ ^^'*^-
before the effective date of this chapter may apply under section 231 of Ante, p. 2020.
this Act as if the group certification under which he claims coverage
had been made under subchapter A of this chapter.
(b) I n any case where a group of workers or their certified or recog-
nized union or other duly authorized representative has filed a petition 19 u s e 1901.
under section 301(a) (2) of the Trade Expansion Act of 1962, more
than 4 months before the effective date of this chapter and
(1) the Commission has not rejected such petition before the
effective date of this chapter, and
(2) the President or his delegate has not issued a certification
under section 302(c) of that Act to the petitioning group before
the effective date of this chapter,
such group or representative thereof may file a new petition under sec-
tion 221 of this Act, not later than 90 days after the effective date of this
chapter. F o r purposes of section 223(b) (1), the date on which such
group or representative filed the petition under the Trade Expansion 19 u s e 1801
Act of 1962 shall apply. Section 223(b) (2) shall not apply to workers note.
covered by a certification issued pursuant to a petition meeting the
requirements of this subsection.
(c) A group of workers may file a petition under section 221 cover-
ing weeks of unemployment (as defined in the Trade Expansion Act of
1962) beginning before the effective date of this chapter, or covering
such weeks and also weeks of unemployment beginning on or after
the effective date of this chapter.
(d) Any worker receiving payments pursuant to this section shall
be entitled—
(1) for weeks of unemployment (as defined in the Trade
Expansion Act of 1962) beginning before the effective date of this
chapter, to the rights and privileges provided in chapter 3 of title
I I I of such Act, and 19 use 1931.
(2) for weeks of unemployment beginning on or after the
effective date of this chapter, to the rights and privileges provided
in this chapter, except that the total number of weeks of unem-
ployment, as defined in the Trade Expansion Act of 1962, for
which trade readjustment allowances were payable under that
2028 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
Act shall be deducted from the total number of weeks of unem-
ployment for which an adversely affected worker is eligible for
trade readjustment allowances under this chapter,
Data, avail- (e) The Commission shall make available to the Secretary on
ability.
request data it has acquired in investigations under section 301 of the
19 u s e 1901.
Trade Expansion Act of 1962 concluded within the 2-year period end-
ing on the effective date of this chapter which did not result in Presi-
19 use 1902. dential action under section 302(a) (3) or 302(c) of that Act.
19 use 2319. gEc 247. DEFINITIONS.
For purposes of this chapter—
(1) The term "adversely affected employment" means employ-
ment in a firm or appropriate subdivision of a firm, if workers of
such firm or subdivision are eligible to apply for adjustment
assistance under this chapter.
(2) The term "adversely affected worker" means an individual
who, because of lack of work in adversely affected employment—
(A) has been totally or partially separated from such
employment, or
(B) has been totally separated from employment with the
firm in a subdivision of which such adversely affected
employment exists.
(3) The term "average weekly manufacturing wage" means the
national gross average weekly earnings of production workers in
manufacturing industries for the latest calendar year (as officially
published annually by the Bureau of Labor Statistics of the
Department of Labor) most recently published before the period
for which the assistance under this chapter is furnished.
(4) The term "average weekly wage" means one-thirteenth of
the total wages paid to an individual in the high quarter. For pur-
poses of this computation, the high quarter shall be that quarter
in which the individual's total wages w^ere highest among the first
4 of the last 5 completed calendar quarters immediately before the
quarter in which occurs the week with respect to which the com-
putation is made. Such week shall be the week in which total sepa-
ration occurred, or, in cases where partial separation is claimed,
an appropriate week, as defined in regulations prescribed by the
Secretary.
(5) The term "average weekly hours" means the average hours
worked by the individual (excluding overtime) in the employment
from which he has been or claims to have been separated in the
52 weeks (excluding weeks during which the individual was sick
or on vacation) preceding the week specified in the last sentence
of paragraph (4).
(6) The term "partial separation" means, with respect to an
individual who has not been totally separated, that he has had—
(A) his hours of work reduced to 80 percent or less of his
average weekly hours in adversely affected employment, and
(B) his wages reduced to 80 percent or less of his average
weekly wage in such adversely affexjted employment.
(7) The term "remuneration" means wages and net earnings
derived from services performed as a self-employed individual.
(8) The term "State" includes the District of Columbia and the
Commonwealth of Puerto Rico; and the term "United States"
when used in the geographical sense includes such Commonwealth.
(9) The term "State agency" means the agency of the State
which administers the State law.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2029
(10) The term "State law'' means the unemployment insurance
law of the State approved by the Secretary of Labor under section
3304 of the Internal Revenue Code of 1954. ^e use 3304.
(11) The term "total separation" means the layoff or severance
of an individual from employment with a firm in which, or in
a subdivision of which, adversely affected employment exists.
(12) The term "unemployment insurance" means the unem-
ployment insurance payable to an individual under any State
law or Federal unemployment insurance law, including chapter
85 of title 5, United States Code, and the Railroad Unemploy- s use ssoi.
ment Insurance Act. 45 use 367.
(13) The term "week" means a week as defined in the applicable
State law.
(14) The term "week of unemployment" means with respect
to an individual any week for which his remuneration for services
performed during such week is less than 80 percent of his average
weekly wage and in which, because of lack of work—
(A) if he has been totally separated, he worked less than
the full-time week (excluding overtime) in his current
occupation, or
(B) if he has been partially separated, he worked 80 per-
cent or less of his average weekly hours.
SEC. 248. REGULATIONS. i^ use 2320.
The Secretary shall prescribe such regulations as may be necessary
to carry out the provisions of this chapter.
SEC. 249. SUBPENA POWER. 19 use 2321.
(a) The Secretary may require by subpena the attendance of wit-
nesses and the production of evidence necessary for him to make a
determination under the provisions of this chapter.
(b) If a person refuses to obey a subpena issued under subsection
( a ) , a United States district court within the jurisdiction of which
the relevant proceeding under this chapter is conducted may, upon
petition by the Secretary, issue an order requiring compliance with
such subpena.
SEC. 250. JUDICIAL REVIEW. 19 u s e 2322.
(a) A worker, group of workers, certified or recognized union, or
an authorized representative of such worker or group, aggrieved by a
final determination by the Secretary under the provisions of section
223 may, within 60 days after notice of such determination, file a
petition for review of such determination with the United States
court of appeals for the circuit in which such worker or group is
located or in the United States Court of Appeals for the District
of Columbia Circuit. The clerk of such court shall send a copy of
such petition to the Secretary. Upon receiving such petition, the Secre-
tary shall promptly certify and file in such court the record on which
he based such determination.
(b) The findings of fact by the Secretary, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Secretary to take further evidence,
and the Secretary may thereupon make new or modified findings of
fact and may modify his previous action, and shall certify to the
court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substan-
tial evidence.
2030 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(c) The court shall have jurisdiction to aiRrm the action of the
Secretary or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
CHAPTER 3—ADJUSTMENT ASSISTANCE
FOR FIRMS
19 u s e 2341. SEC. 251. PETITIONS AND DETERMINATIONS.
(a) A petition for a certification of eligibility to apply for adjust-
ment assistance under this chapter may be filed with the Secretary of
Commerce (hereinafter in this chapter referred to as the "Secretary")
P u b l i c a t i o n in by a firm or its representative. Upon receipt of the petition, the Secre-
Federal Register.
tary shall promptly publish notice in the Federal Register that he has
received the petition and initiated an investigation.
(b) If the petitioner, or any other person, organization, or group
found by the Secretary to have a substantial interest in the proceed-
ings, submits not later than 10 days after the date of the Secretary's
publication under subsection (a) a request for a hearing, the Secretary
shall provide for a public hearing and afford such interested persons
an opportunity to be present, to produce evidence, and to be heard.
(c) The Secretary shall certify a firm as eligible to apply for adjust-
ment assistance under this chapter if he determines—
(1) that a significant number or propoition of the workers in
such firm have become totally or partially separated, or are
threatened to become totally or partially separated,
(2) that sales or production, or both, of such firm have
decreased absolutely, and
(3) that increases of imports of articles like or directly com-
petitive with articles produced by such firm contributed impor-
tantly to such total or partial separation, or threat thereof, and
to such decline in sales or production.
"Contributed For purposes of paragraph (3), the term "contributed importantly"
importantly."
means a cause which is important but not necessarily more important
than any other cause.
(d) A determination shall be made by the Secretary as soon as
possible after the date on which the petition is filed under this section,
but in any event not later than 60 days after that date.
19 u s e 2342. SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS.
Filing of appli- (a) A firm certified under section 251 as eligible to apply for adjust-
cation.
ment assistance may, at any time within 2 years after the date of such
certification, file an application with the Secretary for adjustment
assistance under this chapter. Such application shall include a pro-
posal for the economic adjustment of such firm.
(b) (1) Adjustment assistance under this chapter consists of tech-
nical assistance and financial assistance, which may be furnished singly
Approval con- or in combination. The Secretary shall approve a firm's application
ditions.
for adjustment assis^^ance only if he determines—
(A) that the firm has no reasonable access to financing through
the private capital market, and
(B) that the firm's adjustment proposal—
(i) is reasonably calculated materially to contribute to the
economic adjustment of the firm,
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2031
(ii) gives adequate consideration to the interests of the
workers of such firm, and
(iii) demonstrates that the firm will make all i-easonable
efforts to use its own resources for economic development.
(2) The Secretary shall make a determination as soon as possible
after the date on which an application is filed under this section, but
in no event later than 60 days after such date.
Technical as-
(c) In order to assist a firm which has been certified as eligible sistance.
to apply for adjustment assistance under this chapter in preparing
a viable adjustment proposal, the Secretary may furnish technical
assistance to such firm.
(d) Whenever the Secretary determines that any firm no longer Termination;
publication in
requires assistance under this chapter, he shall terminate the certifi- Federal R e g i s t e r .
cation of eligibility of such firm and promptly have notice of such
termination published in the Federal Register, Such termination shall
take effect on the termination date specified by the Secretary.
SEC. 253. TECHNICAL ASSISTANCE. 19 u s e 2343.
(a) The technical assistance furnished under this chapter shall
consist of—
(1) assistance to the firm in developing a proposal for its eco-
nomic adjustment,
(2) assistance in the implementation of such a proposal, or
(3) both.
(b) The Secretary may provide to a firm certified under section Terms and con-
ditions.
251, on such terms and conditions as he determines to be appropriate,
such technical assistance as in his judgment will carry out the pur-
poses of this chapter with respect to such firm.
(c) The Secretary shall furnish technical assistance under this
chapter through existing agencies and through private individuals,
firms, and institutions. In the case of assistance furnished through
private individuals, firms, and institutions (including private con-
sulting services), the Secretary may share the cost thereof (but not
more than 75 percent of such cost may be borne by the United States).
19 u s e 2344.
SEC. 254. FINANCIAL ASSISTANCE.
(a) The Secretary may provide to a firm, on such terms and con- Terms and con-
ditions.
ditions as he determines to be appropriate, such financial assistance
in the form of direct loans or guarantees of loans as in his judgment
will materially contribute to the economic adjustment of the firm. The
assumption of an outstanding indebtedness of the firm, with or without
recourse, shall be considered to be the making of a loan for purposes
of this section.
(b) Loans or guarantees of loans shall be made under this chapter
only for the purpose of making funds available to the firm—
(1) for acquisition, construction, installation, modernization,
development, conversion, or expansion of land, plant, buildings,
equipment, facilities, or machinery, or
(2) to supply such working capital as may be necessary to
enable the firm to implement its adjustment proposal.
Direct l o a n s ,
(c) To the extent that loan funds can be obtained from private restriction.
sources (with or without a guarantee) at the rate provided in the first
sentence of section 255(b), no direct loan shall be provided to a firm
under this chapter.
SEC. 255. CONDITIONS FOR FINANCIAL ASSISTANCE. 19 u s e 2345.
(a) No financial assistance shall be provided under this chapter
unless the Secretary determines—
2032 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(1) that the funds required are not available from the firm's
own resources; and
(2) that there is reasonable assurance of repayment of the
loan.
Interest rate. (b) The rate of interest on loans which are guaranteed under this
chapter shall be no higher than the maximum interest per annum
that a participating financial institution may establish on guaranteed
loans made pursuant to section 7(a) of the Small Business Act (15
TJ.S.C. 636(a)). The rate of interest on direct loans made under this
chapter shall be (i) a rate determined by the Secretary of the Treas-
ury taking into consideration the current average market yield on
outstanding marketable obligations of the United States with remain-
ing periods to maturity that are comparable to the average matu-
rities of such loans, adjusted to the nearest one-eighth of 1 percent,
plus (ii) an amount adequate in the judgment of the Secretary to
cover administrative costs and probable losses under the program.
Maturities, limi- (c) The Secretary shall make no loan or guarantee of a loan having
tation.
a maturity in excess of 25 years, including renewals and extensions.
Such limitation on maturities shall not, however, apply—
(1) to securities or obligations received by the Secretarv as
claimant in bankruptcy or equitable reorganization, or as creditor
in other proceedings attendant upon insolvency of the obligor, or
(2) to an extension or renewal for an additional period not
exceeding 10 years, if the Secretary determines that such extension
or renewal is reasonably necessary for the orderly liquidation of
the loan.
Priority. (d) In making guarantees of loans, and in making direct loans, the
Secretary shall give priority to firms which are small within the
15 u s e 631
note.
meaning of the Small Business Act (and regulations promulgated
thereunder).
(e) No loan shall be guaranteed by the Secretary in an amount
which exceeds 90 percent of the balance of the loan outstanding.
Operating re- (f) The Secretary shall maintain operating reserves with respect to
anticipated claims under guarantees made under this chapter. Such
reserves shall be considered to constitute obligations for purposes of
section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C.
200).
(g) The Secretary may charge a fee to a lender which makes a loan
guaranteed under this chapter in such amount as is necessary to cover
the cost of administration of such guarantee.
Limitations. (h) (1) The aggregate amount of loans made to any firm which are
guaranteed under this chapter and which are outstanding at any time
shall not exceed $3,000,000.
(2) The aggregate amount of direct loans made to any firm under
this chapter which are outstanding at any time shall not exceed
$1,000,000.
19 u s e 2346. SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINIS-
TRATION; AUTHORIZATION OF APPROPRIATIONS.
(a) I n the case of any firm which is small (within the meaning of
the Small Business Act and regulations promulgated thereunder), the
Secretary may delegate all of his functions under this chapter (other
than the functions under sections 251 and 252(d) with respect to the
certification of eligibility and section 264) to the Administrator of the
Small Business Administration.
(b) There are hereby authorized to be appropriated to the Secre-
tary such sums as may be necessary from time to time to carry out his
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2033
functions under this chapter in connection with furnishing adjustment
assistance to firms, which sums are authorized to be appropriated to
remain available until expended.
(c) The unexpended balances of appropriations authorized by
section 312(d) of the Trade Expansion Act of 1962 are transferred to 19 use 1912.
the Secretary to carry out his functions under this chapter.
SEC. 257. ADMINISTRATION OF FINANCIAL ASSISTANCE. i9 use 2347.
(a) I n making and administering guarantees and loans under sec-
tion 254, the Secretary may—
(1) require security for any such guarantee or loan, and
eniorce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose
of, upon such terms and conditions and for such consideration as
he shall determine to be reasonable, any evidence of debt, contract,
claim, personal property, or security assigned to or held by him
in connection with such guarantees or loans, and collect, compro-
mise, and obtain deficiency judgments with respect to all obliga-
tions assigned to or held by him in connection with such guarantees
or loans until such time as such obligations may be referred to the
Attorney General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell,
or otherwise deal with, upon such terms and conditions and for
such consideration as he shall determine to be i/easonable, any
real or personal property conveyed to or otherwise acquired by
him in connection with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or per-
sonal property or any interest therein whenever deemed necessary
or appropriate, and execute all legal documents for such pur-
poses; and
(5) exercise all such other powers and take all such other acts
as may be necessary or incidental to the carrying out of functions
pursuant to section 254.
(b) Any mortgage acquired as security under subsection (a) shall
be recorded under applicable State law.
(c) All repayments of loans, payments of interest, and other
receipts arising out of transactions entered into by the Secretary pur-
suant to this chapter, shall be available for financing functions per-
formed under this chapter, including administrative expenses in
connection with such functions.
SEC. 258. PROTECTIVE PROVISIONS. i9 use 2348.
(a) Each recipient of adjustment assistance under this chapter shall Recordkeeping.
keep records which fully disclose the amount and disposition by such
recipient of the proceeds, if any, of such adjustment assistance, and
which will facilitate an effective audit. The recipient shall also keep
such other records as the Secretary may prescribe.
(b) The Secretary and the Comptroller General of the United GAO audit.
States shall have access for the purpose of audit and examination to
any books, documents, papers, and records of the recipient pertaining
to adjustment assistance under this chapter.
(c) No adjustment assistance under this chapter shall be extended
to any firm unless the owners, partners, or officers certify to the
Secretary—
(1) the names of any attorneys, agents, and other persons
engaged by or on behalf of the firm for the purpose of expediting
applications for such adjustment assistance; and
2034 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(2) the fees paid or to be paid to any such person,
(d) No financial assistance shall be provided to any firm under this
chapter unless the owners, partners, or officers shall execute an agree-
ment binding them and the firm for a period of 2 years after such
financial assistance is provided, to refrain from employing, tendering
any office or employment to, or retaining for professional services any
person who, on the date such assistance or any part thereof was pro-
vided, or within 1 year prior thereto, shall have served as an officer,
attorney, agent, or employee occupying a position or engaging in
activities which the Secretary shall have determined involve discretion
with respect to the provision of such financial assistance.
19 use 2349. SEC. 259. PENALTIES.
Whoever makes a false statement of a material fact knowing it to
be false, or knowingly fails to disclose a material fact, or whoever
willfully overvalues any security, for the purpose of influencing in
any way a determination under this chapter, or for the purpose of
obtaining money, property, or anything of value under this chapter,
shall be fined not more than $5,000 or imprisoned for not more than 2
years, or both.
19 use 2350. SEC. 260. SUITS.
I n providing technical and financial assistance under this chapter
the Secretary may sue and be sued in any court of record of a State
having general jurisdiction or in any United States district court, and
jurisdiction is conferred upon such district court to determine such
controversies without regard to the amount in controversy; but no
attachment, injunction, garnishment, or other similar process, mesne
or final, shall be issued against him or his property. Nothing in this
section shall be construed to except the activities pursuant to sections
253 and 254 from the application of sections 516, 547, and 2679 of title
28 of the United States Code.
19 use 2351. SEC. 261. DEFINITIONS.
For purposes of this chapter, the term "firm" includes an individual
proprietorship, partnership, ]oir\i venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court. A firm,
together with any predecessor or successor firm, or any affiliated firm
controlled or substantially beneficially owned by substantially the
same persons, may be considered a single firm where necessary to
prevent unjustifiable benefits.
19 use 2352. SEC. 262. REGULATIONS.
The Secretary shall prescribe such regulations as may be necessary
to carry out the provisions of this chapter.
19 use 2353. SEC. 26S. TRANSITIONAL PROVISIONS.
(a) I n any case where a firm or its representative has filed a petition
with the International Trade Commission (hereafter in this chapter
referred to as the "Commission") under section 301(a)(2) of the
19 u s e 1901. Trade Expansion Act of 1962, and the Commission has not made its
determination under section 301(c) of that Act before the effective
date of this chapter, such firm may reapply under the provisions of
section 251 of this Act. I n order to assist the Secretary in making his
determination under such section 251 with respect to such firm, the
Commission shall make available to the Secretary, on request, data
it has acquired with respect to its investigation.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2035
(b) If, on the effective date of this chapter, the President (or his
delegate) has not taken action under section 302(c) of the Trade
Expansion Act of 1962 with respect to a report of the Commission 19 use 1902.
containing an affirmative finding under section 301(c) of that Act 19 use 1901.
or a report with respect to which an equal number of Commissioners
are evenly divided, the Secretary may treat such report as a certifi-
cation of eligibility made under section 251 of this Act on the effec-
tive date of this chapter.
(c) Any certification of eligibility of a firm under section 302(c)
of the Trade Expansion Act of 1962 made before the effective date 19 use 1902..
of this chapter shall be treated as a certification of eligibility made
under section 251 of this Act on the date of the enactment of this
Act; except that any firm whose adjustment proposal was certified
under section 311 of the Trade Expansion Act of 1962 before the 19 use 1911.
effective date of this chapter may receive adjustment assistance at the
level set forth in such certified proposal.
SEC. 264. STUDY BY SECRETARY OF COMMERCE V/HEN INTERNA- 19 use 23 54.
TIONAL TRADE COMMISSION BEGINS INVESTIGATION;
ACTION WHERE THERE IS AFFIRMATIVE FINDING.
(a) Whenever the Commission begins an investigation under section
201 with respect to an industry, the Commission shall immediately
notify the Secretary of such investigation, and the Secretary shall
immediately begin a study of—
(1) the number of firms in the domestic industry producing
the like or directly competitive article which have been or are
likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms to
the import competition may be facilitated through the use of
existing programs.
(b) The report of the Secretary of the study under subsection (a) PresfdJnt?
shall be made to the President not later than 15 days after the day on
which the Commission makes its report under section 201. Upon mak- p"'^^ P* .^°^^'
ing its report to the President, the Secretary shall also promptly make Federal Register.
it public (with the exception of information which the Secretary
determines to be confidential) and shall have a summary of it published
in the Federal Register.
(c) Whenever the Commission makes an affirmative finding under
section 201 (b) that increased imports are a substantial cause of serious
injury or threat thereof with respect to an industry, the Secretary shall
make available, to the extent feasible, full information to the firms in
such industry about programs which may facilitate the orderly adjust-
ment to import competition of such firms, and he shall provide assist-
ance in the preparation and processing of petitions and applications
of such firms for program benefits.
CHAPTER 4—ADJUSTMENT ASSISTANCE FOR
COMMUNITIES
SEC. 271. PETITIONS AND DETERMINATIONS. 19 use 2371.
(a) A petition for certification of eligibility for adjustment assist-
ance under this chapter may be filed with the Secretary of Commerce
(hereinafter in this chapter referred to as the "Secretary") by a politi-
cal subdivision of a State (hereinafter in this chapter refen*ed to as a
"community"), by a group of such communities, or by the Governor of
a State on behalf of such communities. Upon receipt of the petition, the
2036 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
Publication in
Federal Register. Secretary shall promptly publish notice in the Federal Eegister that
he has received the petition and initiated an investigation.
Hearing. (b) If the petitioner, or any other person found by the Secretary to
have a substantial interest in the proceedings, submits not later than
10 days after the Secretary's publication of notice under subsection (a)
a request for a hearing the Secretary shall provide for a public hearing
and afford such interested persons an opportunity to be present, to
produce evidence, and to be heard.
(c) The Secretary shall certify a community as eligible for adjust-
ment assistance under this chapter if he determines—
(1) that a significant number or proportion of the workers in
the trade impacted area in which such community is located have
become totally or partially separated, or are threatened to become
totally or partially separated,
(2) that sales or production, or both, of firms, or subdivisions
of firms, located in the trade impacted area specified in paragraph
(1) have decreased absolutely, and
(3) that increases of imports of articles like or directly com-
petitive with articles produced by firms, or subdivisions of firms,
located in the trade impacted area specified in paragraph (1) or
that the transfer of firms or subdivisions of firms located in such
area to foreign countries have contributed importantly to the total
or partial separations, or threats thereof, described in paragraph
(1) and to the decline in sales or production described in para-
graph (2).
"Contributed
importantly." F o r purposes of paragraph (3), the term "contributed importantly"
means a cause which is important but not necessarily more important
than any other cause.
(d) As soon as possible after the date on which a petition is filed
under this section, but in any event not later than 60 days after that
date, the Secretary shall determine whether the petitioning community,
or group of communities, meets the requirements of subsection (c) and
shall issue a certification of eligibility for assistance under this chapter
covering any community located in the same trade impacted area in
which the petitioner is located which meets such requirements.
(e) The Secretary, after consulting the Secretary of Labor, shall
establish the size and boundaries of each trade impacted area, con-
sidering the criteria in subsection (c) and, to the extent they are
relevant, the factors specified as criteria for redevelopment areas under
section 401 of the Public Works and Economic Development Act of
42 u s e 3 1 6 1 . 1965.
Certification of
eligibility, termi- (f) If the Secretary determines that a community requires no addi-
nation; publica- tional assistance under this chapter, he shall terminate the certification
tion in F e d e r a l of eligibility of such community and promptly have notice of such
Register,
termination published in the Federal Eegister. Such termination shall
take effect on the termination date specified by the Secretary.
19 u s e 2372. SEC. 272. TRADE IMPACTED AREA COUNCILS.
Trade Impacted (a) Within 60 days after a community is certified under section 271,
Area Council for
Adjustment the Secretary shall send his representatives to the trade impacted area
Assistance. in which such community is located to inform officials of communi-
Establishment.
ties and other residents of such area about benefits available to them
under this Act and to assist such officials and residents in establishing
•a Trade Impacted Area Council for Adjustment Assistance (herein-
after in this chapter referred to as the "Council") for such area.
(b) (1) The Secretary shall establish, subject to the last sentence of
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2037
this paragraph, a Council for each trade impacted area in which one
or more communities are certified under section 271. Such Council
shall—
(A) develop a proposal for an adjustment assistance plan for
the economic rejuvenation of certified communities in its trade
impacted area, and
(B) coordinate community action under the adjustment assist-
ance plan, as approved by the Secretary.
If an appropriate entity for purposes of performing the functions
specified in subparagraphs (A) and (B) already exists in such area,
then the Secretary may designate such entity as the Council for such
area.
(2) Such Council shall include representatives of certified communi-
ties, industry, labor, and the general public located in the trade
impacted area covered by the Council.
(c) Upon application by a Council established under subsection (b),
the Secretary is authorized to make grants to such Council for main-
taining an appropriate professional and clerical staff. No grant shall
be made to a Council to maintain staff after the period which ends 2
years after the date on which such Council is established or designated.
(d) A Council established under this section may file an applica-
tion with the Secretary for adjustment assistance under this chapter.
Such application shall include the Council's proposal for an adjust-
ment assistance plan for the communities in its trade impacted area.
SEC. 273. PROGRAM BENEFITS. i9 use 2373.
(a) Adjustment assistance under this chapter consists of—
(1) all forms of assistance, other than loan guarantees, which
are provided to a redevelopment area under the Public Works and
Economic Development Act of 1965, and 42 use 3121
(2) the loan guarantee program described in subsection ( d ) . "°*^'
(b) No adjustment assistance may be extended to any community
or person in a trade impacted area under this chapter unless the Sec-
retary approves the adjustment assistance plan submitted to him under
section 272(d).
(c) For purposes of the Public Works and Economic Development
Act of 1965—
(1) a trade impacted area for which an adjustment assistance
plan has been approved under section 272(d) shall be treated as
a redevelopment area, except that—•
(A) no loan guarantees may be made to any person under
such Act; and
(B) no loan or grant may be made to any recipient in such
an area after September 30, 1980, and
(2) approval of an adjustment assistance plan submitted under
section 272(d) shall be treated as approval of an overall eco-
nomic development progi-am under section 202(b) (10) of such
Act. 42 u s e 3142.
(d) The Secretary is authorized to guarantee loans for—
(1) the acquisition, construction, installation, modernization,
development, conversion, or expansion of land, plant, buildings,
equipment, facilities, or machinery, and
(2) working capital,
made to private borrowers by private lending institutions in connec-
tion with projects in trade impacted areas subject to the same terms
and conditions to which loan guarantees are subject under section 202
of the Public Works and Economic Development Act of 1965, includ-
ing record and audit requirements and penalties, except t h a t - -
38-194 O - 76 - 46 Pt. 2
2038 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(1) no new loan ^ a r a n t e e may be made under this subsection
after September 30,1982,
(2) a loan guarantee may be made for the entire amount of
the outstanding unpaid balance of such loan, and
(3) no more than 20 percent of the amount of loan guarantees
made under this subsection by the United States may be made in
one State.
(e) The Governor of the State, the authorized representative of the
community, or the Governor of the State and the authorized repre-
sentative of the community, in which an applicant for a loan guarantee
under subsection (b) is located may enter into an agreement with the
Secretary which provides that such State or such community, or that
such State and such community, will pay not to exceed one-half of the
amount of any liability which arises on a loan guarantee made under
subsection (d) if the State in which the applicant for such giiarantee
is located has established by law a program approved by the Secretary
for the purposes of this section.
(f) (1) When considering whether to guarantee a loan to a corpo-
ration which is otherwise qualified for the purposes of subsection ( d ) ,
the Secretary shall give preference to a corporation which agrees with
respect to such loan to fulfill the following requirements—
(A) 25 percent of the principal amount of the loan is paid by
the lender to a qualified trust established under an employee stock
ownership plan established and maintained by the recipient cor-
poration, by a parent or subsidiary of such corporation, or by
several corporations including the recipient corporation,
(B) the employee stock ownership plan meets the requirements
of this subsection, and
; (C) the agreement among the recipient corporation, the lender,
and the qualified trust relating to the loan meets the requirements
of this section.
(2) An employee stock ownership plan does not meet the require-
ments of this subsection unless the governing instrument of the plan
provides that—
(A) the amount of the loan paid under paragraph (1) (A) to
the qualified trust will be used to purchase qualified employer
securities,
(B) the qualified trust will repay to the lender the amount of
such loan, together with the interest thereon, out of amounts con-
tributed to the trust by the recipient corporation, and
(C) from time to time, as the qualified trust repays such
amount, the trust will allocate qualified employer securities among
the individual accounts of participants and their beneficiaries in
accordance with the provisions of paragraph (4).
(3) The agreement among the recipient coi-poration, the lender,
and the qualified trust does not meet the requirements of this sub-
section unless—
(A) it is unconditionally enforceable by any party against the
others, jointly and severally,
(B) it provides that the liability of the qualified trust to repay
loan amounts paid to the qualified trust may not, at any time,
exceed an amount equal to the amount of contributions required
under paragraph (2) (B) which are actually received by such
trust,
(C) it provides that amounts received by the recipient corpo-
ration from the qualified trust for qualified employer securities
purchased for the purpose of this subsection will be used exclu-
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2039
sively by the recipient corporation for those purposes for which
it may use that portion of the loan paid directly to it by the lender,
(D) it provides that the recipient corporation may not reduce
the amount of its equity capital during the one year period begin-
ning on the date on which the qualified trust purchases qualified
employer securities for purposes of this subsection, and
(E) it provides that the recipient corporation will make contri-
butions to the qualified trust of not less than such amounts as are
necessary for such trust to meet its obligation to make repayments
of principal and interest on the amount of the loan received by
the trust without regard to whether such contributions are deduct-
ible by the corporation under section 404 of the Internal Eevenue
Code of 1954 and without regard to any other amounts the ^e use 404.
recipient corporation is obligated under law to contribute to or
under the employee stock ownership plan.
(4) At the close of each plan year, an employee stock ownership
plan shall allocate to the accounts of participating employees that
portion of the qualified employer securities the cost of which bears
substantially the same ratio to the cost of all the qualified employer
securities purchased under paragraph (2) (A) of this subsection as
the amount of the loan principal and interest repaid by the qualified
trust during that year bears to the total amount of the loan principal
and interest payable by such trust during the term of such loan.
Qualified employer securities allocated to the individual account of
a participant during one plan year must bear substantially the same
proportion to the amount of all such securities allocated to all par-
ticipants in the plan as the amount of compensation paid to such
participant bears to the total amount of compensation paid to all
such participants during that year.
D e finitions.
(5) For purposes of this subsection, the term—
(A) "employee stock ownership plan" means a plan described
in section 407(d) (6) of the Employee Retirement Income Security
Act of 1974, section 4975(e) (7) of the Internal Revenue Code of An te, p.. 880,
1954, and in section 102(5) of the Regional Rail Reorganization An te, p.. 971
Act of 1973, which meets the requirements of title I of the 4 5 use 702.
Employee Retirement Income Security Act of 1974 and of part Ante, p,, 832
I of subchapter D of chapter 1 of such Code, 2 6 use 4 0 1 .
(B) "qualified trust" means a trust established under an
employee stock ownership plan and meeting the requirements
of title I of the Employee Retirement Income Security Act of
1974 and of part I of subchapter D of chapter 1 of such Code,
(C) "qualified employer securities" means common stock issued
by the recipient corporation or by a parent or subsidiary of such
corporation with voting power and dividend rights no less favor-
able than the voting power and dividend rights on other com-
mon stock issued by the issuing corporation and with voting power
being exercised by the participants in the employee stock owner-
ship plan after it is allocated to their plan accounts, and
(D) "equity capital" means, with respect to the recipient
corporation, the sum of its money and other property (in an
amount equal to the adjusted basis of such property but disregard-
ing adjustments made on account of depreciation or amortization
made during the period described in paragraph ( 3 ) ( D ) ) , less
the amount of its indebtedness.
(g) The United States share of loan guarantees made under sub- ^°^". e"^""-
section (d) on loans which are outstanding at any time may not exceed " ' ' '''"''''*'°"-
$500,000,000. >= J J
2040 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
19 u s e 2374. SEC. 274. COMMUNITY ADJUSTMENT ASSISTANCE FUND AND AUTHOR-
IZATION OF APPROPRIATIONS.
Establishment. (a) There is established on the books of the Treasury of the United
States a revolving fund to be known as the Community Adjustment
Assistance Fund. The fund shall consist of such amounts as may be
deposited in it pursuant to the authorization in subsection (b) and
any collections, repayments of loans, or other receipts received under
the program established in section 273(a). Amounts in the fund may
be used only to carry out the provisions of sections 272 and 273(b),
including administrative costs. Amounts appropriated to the fund
Transfer of shall be available to the Secretary without fiscal year limitation. Upon
funds.
liquidation of all remaining obligations, any balances remaining in
the fund after September 30, 1980, shall be transferred to the general
fund of the Treasury.
Appropriations. (b) There are authorized to be appropriated to the Community
Adjustment Assistance Fund, for the purpose of carrying out the
provisions of sections 272 and 273(a), $100,000,000 for the fiscal year
ending June 30, 1975, and such sums as may be necessary for the suc-
ceeding 7 fiscal years.
(c) There are authorized to be appropriated to the Secretary such
sums as may be necessary for carrying out the loan guarantee program
under section 273(d).
CHAPTER 5—MISCELLANEOUS PROVISIONS
19 u s e 2 3 9 1 . SEC. 280. GENERAL ACCOUNTING OFFICE REPORT.
Study, report (a) The Comptroller General of the United States shall conduct
to e o n g r e s s .
a study of the adjustment assistance programs established under chap-
ters 2, 3, and 4 of this title and shall report the results of such study
to the Congress no later than January 31, 1980. Such report shall
include an evaluation of—
(1) the effectiveness of such programs in aiding workers, firms,
and communities to adjust to changed economic conditions result-
ing from changes in the patterns of international trade; and
(2) the coordination of the administration of such programs
and other Government programs which provide unemployment
compensation and relief to depressed areas.
(b) In carrying out his responsibilities under this section, the Comp-
troller General shall, to the extent practical, avail himself of the
assistance of the Departments of Labor and Commerce. The Secretaries
of Labor and Commerce shall make available to the Comptroller
General any assistance necessary for an effective evaluation of the
adjustment assistance programs established under this title.
19 u s e 2392. SEC. 281. COORDINATION.
Adjustment As- There is established the Adjustment Assistance Coordinating Com-
s i s t a n c e eoor»
dinating Com- mittee to consist of a Deputy Special Trade Representative as
mittee. Chairman, and the officials charged with adjustment assistance respon-
Establishment.
sibilities of the Departments of Labor and Commerce and the Small
Business Administration. I t shall be the function of the Committee to
coordinate the adjustment assistance policies, studies, and programs of
the various agencies involved and to promote the efficient and effective
delivery of adjustment assistance benefits.
19 u s e 2393. SEC. 282. TRADE MONITORING SYSTEM.
Establishment. The Secretary of Commerce and the Secretary of Labor shall estab-
lish and maintain a program to monitor imports of articles into the
United States which will reflect changes in the volume of such imports,
the relation of such imports to changes in domestic production, changes
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2041
in employment within domestic industries producing articles like or
directly competitive with such imports, and the extent to which such
changes in production and employment are concentrated in specific
geographic regions of the United States. A summary of the informa- . g"^J^7^s°j^j'^'
tion gathered under this section shall be published regularly and pro- ince™c"oordlna^ting
vided to the Adjustment Assistance Coordinating Committee, the committee, inter-
International Trade Commission, and to the Congress. c^om'^rssioX and
SEC. 283. FIRMS RELOCATING IN FOREIGN COUNTRIES. ^""/use'2394.
Before moving productive facilities from the United States to a
foreign country, every firm should—
(1) provide notice of the move to its employees who are likely
to be totally or partially separated as a result of the move at least
60 days before the date of such move, and
(2) provide notice of the move to the Secretary of Labor and
the Secretary of Commerce on the same day -it notifies employees
under paragraph (1).
(b) I t is the sense of the Congress that every such firm should—
(1) apply for and use all adjustment assistance for which it
is eligible under this title,
(2) offer employment opportunities in the United States, if any
exist, to its employees who are totally or partially separated work-
ers as a result of the move, and
(3) assist in relocating employees to other locations in the
United States where employment opportunities exist.
SEC. 284. EFFECTIVE DATE. 19 use 2271
, note.
Chapters 2, 3, and 4 of this title shall become effective on the 90th Ante, pp. 2019.
day following the date of enactment of this Act and shall terminate ^'^^°' ^.°^^'
m 1 c\r\ ^r\nr\ Termination
on September 30, 1982. date.
TITLE III—RELIEF FROM UNFAIR
TRADE PRACTICES
CHAPTER 1—FOREIGN IMPORT RESTRICTIONS
AND EXPORT SUBSIDIES
SEC. 301. RESPONSES TO CERTAIN TRADE PRACTICES OF FOREIGN i9 use 24ii.
GOVERNMENTS.
(a) Whenever the President determines that a foreign country or
instrumentality—
(1) maintains unjustifiable or unreasonable tariff or other
import restrictions which impair the value of trade commitments
made to the United States or which burden, restrict, or discrimi-
nate against United States commerce,
(2) engages in discriminatory or other acts or policies which
are unjustifiable or unreasonable and which burden or restrict
United States commerce,
(3) provides subsidies (or other incentives having the effect
of subsidies) on its exports of one or more products to the United
States or to other foreign markets which have the effect of sub-
stantially reducing sales of the competitive United States product
or products in the United States or m those other foreign markets,
or
(4) imposes unjustifiable or unreasonable restrictions on access
to supplies of food, raw materials, or manufactured or semimanu-
factured products which burden or restrict United States com-
merce.
2042 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
the President shall take all appropriate and feasible steps within his
power to obtain the elimination of such restrictions or subsidies, and
he—
(A) may suspend, withdraw, or prevent the application of, or
may refrain from proclaiming, benefits of trade agreement con-
cessions to carry out a trade agreement with such country or in-
strumentality; and
(B) may impose duties or other import restrictions on the
products of such foreign country or instrumentality, and may
impose fees or restrictions on the services of such foreign country
or instrumentality, for such time as he deems appropriate.
'Commerce." For purposes of this subsection, the term "commerce" includes services
associated with the international trade.
(b) I n determining what action to take under subsection (a), the
President shall consider the relationship of such action to the purposes
of this Act. Action shall be taken under subsection (a) against the
foreign country or instrumentality involved, except that, subject to
the provisions of section 302, any such action may be taken on a non-
discriminatory treatment basis.
(c) The President in making a determination under this section,
may take action under subsection (a) (3) with respect to the exports
of a product to the United States by a foreign country or instru-
mentality if—
(1) the Secretary of the Treasury has found that such country
or instrumentality provides subsidies (or other incentives having
the effect of subsidies) on such exports;
(2) the International Trade Commission has found that such
exports to the United States have the effect of substantially reduc-
ing sales of the competitive United States product or products
in the United States; and
19 u s e 160. (3) the President finds that the Antidumping Act, 1921, and
19 u s e 1303. section 303 of the Tariff Act of 1930 are inadequate to deter such
practices.
(d) (1) The President shall provide an opportunity for the
presentation of views concerning the restrictions, acts, policies, or
practices referred to in paragraphs (1), (2), (3), and (4) of subsection
^."•^pi^^^ts, ^2) Upon complaint filed by any interested party with the Special
review. Representative for Trade Negotiations alleging any such restriction,
act, policy, or practice, the Special Representative shall conduct a
Hearings. rcvicw of the alleged restriction, act, policy, or practice, and, at the
Fe^e^iTRe^rster ^equest of the complainant, shall conduct public hearings thereon. The
Special Representative shall have a copy of each complaint filed under
Report't(^"^" *^^® paragraph published in the Federal Register. The Special Rep-
congress. reseutativc shall issue regulations concerning the filing of complaints
and the conduct of reviews and hearings under this paragraph and
shall submit a report to the House of Representatives and the Senate
semi-annually summarizing the reviews and hearings conducted by it
under this paragraph during the preceding 6-month period.
(e) Before the President takes any action under subsection (a)
with respect to the import treatment of any product or the treat-
ment of any service—
(1) he shall provide an opportunity for the presentation of
views concerning the taking of action with respect to such product
or service,
(2) upon request by any interested person, he shall provide
for appropriate public hearings with respect to the taking of
action with respect to such product or service, and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2043
(3) he may request the International Trade Commission for
its views as to the probable impact on the economy of the United
States of the taking of action with respect to such product or
service.
If the President determines that, because of the need for expeditious
action under subsection ( a ) , compliance with paragraphs (1) and (2)
would be contrary to the national interest, then such paragraphs shall
not apply with respect to such action, but he shall thereafter promptly
provide an opportunity for the presentation of views concerning the
action taken and, upon request by any interested person, shall provide
for appropriate public hearings Avith respect to the action taken.
The President shall provide for the issuance of regulations concerning
the filing of requests for, and the conduct of, hearings under this
subsection.
SEC. 302. PROCEDURE FOR CONGRESSIONAL DISAPPROVAL OF CER- i9 use 24i2.
TAIN ACTIONS TAKEN UNDER SECTION 301.
(a) Whenever the President takes any action under subparagraph
(A) or (B) of section 301(a) with respect to any country or instru-
mentality other than the country or instrumentality whose restriction,
act, policy, or practice was the cause for taking such action, he shall
promptly transmit to the House of Representatives and to the Senate
a document setting forth the action which he has so taken, together
with his reasons therefor.
(b) If, before the close of the 90-day period beginning on the day
on which the document referred to in subsection (a) is delivered to
the House of Representatives and to the Senate, the two Houses adopt,
by an affirmative vote of a majority of those present and voting in
each House, a concurrent resolution of disapproval under the pro-
cedures set forth in section 152, then such action under section 301(a) '^"'^' ?• 2004.
shall have no force and effect beginning with the day after the date
of the adoption of such concurrent resolution of disapproval, except
with respect to the country or instrumentality whose restriction, act,
policy, or practice was the cause for taking such action.
CHAPTER 2—ANTIDUMPING DUTIES
SEC. 321. AMENDMENTS TO THE ANTIDUMPING ACT OF 1921.
(a) Section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is
amended—
(1) by striking out "United States Tariff Commission" in sub-
section (a) and inserting in lieu thereof "United States Interna-
tional Trade Commission (hereinafter called the 'Commission')",
and by striking out "said" each place it appears in such sub-
section; and
(2) by striking out subsections (b) and (c) and inserting in
lieu thereof the following:
"(b) (1) In the case of any imported merchandise of a class or kind
as to which the Secretary has not so made public a finding, he shall,
within six months after the publication under subsection (c) (1) of a
notice of initiation of an investigation—
" ( A ) determine whether there is reason to believe or suspect,
from the invoice or other papers or from information presented
to him or to any other person to whom authority under this sec-
tion has been delegated, that the purchase price is less, or that the
exporter's sales price is less or likely to be less, than the foreign
market value (or, in the absence of such value, than the con-
structed value); and
2044 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
P u b l i c a t i o n in " ( B ) if his determination is affirmative, publish a notice of that
Federal Register
fact in the Federal Register, and require, under such regulations
as he may prescribe, the withholding of appraisement as to
such merchandise entered, or withdrawn from warehouse, for con-
sumption on or after the date of publication of that notice in the
Federal Register (or such earlier date, not more than one hundred
and twenty days before the date of publication under subsection
(c) (1) of notice of initiation of the investigation, as the Secretary
may prescribe), until the further order of the Secretary, or until
the Secretary has made public a finding as provided for in sub-
section (a) in regard to such merchandise; or
P u b l i c a t i o n in
Federal Register. " ( C ) if his determination is negative (or if he tentatively
determines that the investigation should be discontinued), publish
notice of that fact in the Federal Register.
P u b l i c a t i o n in "(2) If in the course of an investigation under this subsection the
Federal Register
Secretary concludes that the determination provided for in paragraph
(1) cannot reasonably be made within six months, he shall publish
notice of this in the Federal Register, together with a statement of
reasons therefor, in which case the determination shall be made within
nine months after the publication in the Federal Register of the notice
of initiation of the investigation.
" (3) Within three months after publication in the Federal Register
of a determination under paragraph (1), the Secretary shall make a
final determination whether the foreign merchandise in question is
being or is likely to be sold in the United States at less than its fair
value (or a final discontinuance of the investigation).
"(c) (1) The Secretary shall, within thirty days of the receipt of
information alleging that a particular class or kind of merchandise is
being or is likely to be sold in the United States or elsewhere at less
than its fair value and that an industry in the United States is being
or is likely to be injured, or is prevented from being established, by
reason of the importation of such merchandise into the United States,
determine whether to initiate an investigation into the question of
whether such merchandise in fact is being or is likely to be sold in
Fe^"^i?Re'°r ^e ^^^ United States or elsewhere at less than its fair value. If his deter-
egis er. j^jj^g^^-j^^j^ jg affirmative he shall publish notice of the initiation of such
an investigation in tlie Federal Register. If it is negative, the inquiry
shall be closed.
"(2) If, in the course of making a determination under paragraph
(1), the Secretary concludes, from the information available to him,
that there is substantial doubt whether an industry in the United
States is being or is likely to be injured, or is prevented from being
established, by reason of the importation of such merchandise into the
United States, he shall forward to the Commission the reasons for such
substantial doubt and a preliminary indication, based upon whatever
price information is available, concerning possible sales at less than
fair value, including possible margins of dumping and the volume of
trade. If within thirty days after receipt of such information from the
Secretar;^, the Commission, after conducting such inquiry as it deems
appropriate, determines there is no reasonable indication that an indus-
try in the United States is being or is likely to be injured, or is pre-
vented from being established, by reason of the importation of such
merchandise into the United States, it shall advise the Secretary of
its determination and any investigation under subsection (b) then in
progress shall be terminated.
" ( d ) ( 1 ) Before making any determination under subsection ( a ) ,
the Secretary or the Commission, as the case may be, shall, at the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2045
request of any foreign manufacturer or exporter, or any domestic
importer, of the foreign merchandise in question, or of any domestic
manufacturer, producer, or wholesaler of merchandise of the same
class or kind, conduct a hearing at which— Hearing.
" ( A ) any such person shall have the right to appear by counsel
or in person; and
" ( B ) any other person, firm, or corporation may make applica-
tion and, upon good cause shown, may be allowed by the Secretary
or the Commission, as the case may be, to intervene and appear
at such hearing by counsel or in person.
"(2) The Secretary, upon determining whether foreign merchandise Publication in
is being, or is likely to be, sold in the United States at less than its ^ ^^^ ^^'^'""'
fair value, and the Commission, upon making its determination under
subsection ( a ) , shall publish in the Federal Register such determina-
tion, whether affinnative or negative, together with a complete state-
ment of findings and conclusions, and the reasons or bases therefor, on
all the material issues of fact or law presented (consistent with con-
fidential treatment granted by the Secretary or the Commission, as the
case may be, in the course of making its determination).
"(3) The hearings provided for under this section shall be exempt
from sections 554, 555, 556, 557, and 702 of title 5 of the United States
Code. The transcript of any hearing, together with all information
developed in connection with the investigation (other than items to
which confidential treatment has been granted by the Secretary or the
Commission, as the case may be), shall be made available in the man-
ner and to the extent provided in section 552(b) of such title.". s use 552.
(b) Section 203 of the Antidumping Act, 1921 (19 U.S.C. sec. 162),
is amended to read as follows:
uPURCHASE PRICE
"SEC. 203. For the purposes of this title, the purchase price of
imported merchandise shall be the price at which such merchandise
has been purchased or agreed to be purchased, prior to the time of
exportation, by the person by whom or for whose account the mer-
chandise is imported, plus, when not included in such price, the cost
of all containers and coverings and all other costs, charges, and
expenses incident to placing the merchandise in condition, packed
ready for shipment to the United States, less the amount, if any,
included in such price, attributable to any additional costs, charges,
and expenses, and United States import duties, incident to bringing
the merchandise from the place of shipment in the country of exporta-
tion to the place of delivery in the United States; and less the amount,
if included in such price, of any export tax imposed by the country
of exportation on the exportation of the merchandise to the United
States; and plus the amount of any import duties imposed by the
country of exportation which have been rebated, or which have not
been collected, by reason of the exportation of the merchandise to the
United States; and plus the amount of any taxes imposed in the
country of exportation directly upon the exported merchandise or com-
ponents thereof, which have been rebated, or which have not been
collected, by reason of the exportation of the merchandise to the
United States, but only to the extent that such taxes are added to or
included in the price of such or similar merchandise when sold in the
country of exportation; and plus the amount of any taxes rebated or
not collected, by reason of the exportation of the merchandise to the
L^nited States, which rebate or noncollection has been determined by
2046 PUBLIC LAW 93-618-JAN. 3, 1975 ' [88 STAT.
the Secretary to be a bounty or grant within the meaning of section
19 use 1303. 303 of the Tariff Act of 1930."
(c) Section 204 of the Antidumping Act, 1921 (19 U.S.C. sec. 163),
is amended to read as follows:
"EXPORTER'S SALES PRICE
"SEC. 204. For the purposes of this title, the exporter's sale price
of imported merchandise shall be the price at which such merchandise
is sold or agreed to be sold in the United States, before or after the
time of importation, by or for the account of the exporter, plus, when
not included in such price, the cost of all containers and coverings and
all other costs, charges, and expenses incident to placing the mer-
chandise in condition, packed ready for shipment to the United States,
less (1) the amount, if any, included in such price, attributable to any
additional costs, charges, and expenses, and United States import
duties, incident to bringing the merchandise from the place of ship-
ment in the country of exportation to the place of delivery in the
United States, (2) the amount of the commissions, if any, for selling
in the United States the particular merchandise under consideration,
(3) an amount equal to the expenses, if any, generally incurred by or
for the account of the exporter in the United States in selling identi-
cal or substantially identical merchandise, (4) the amount of any
export tax imposed by the country of exportation on the exportation
of the merchandise to the United States, and (5) the amount of any
increased value, including additional material and labor, resulting
from a process of manufacture or assembly performed on the imported
merchandise after the importation of the merchandise and before its
sale to a person who is not the exporter of the merchandise within
19 use 166. ^jjg meaning of section 207; and plus the amount of any import duties
imposed by the country of exportation which have been rebated, or
which have not been collected, by reason of the exportation of the
merchandise to the United States; and plus the amount of any taxes
imposed in the country of exportation directly upon the exported mer-
chandise or components thereof, which have been rebated, or which
have not been collected, by reason of the exportation of the merchan-
dise to the United States, but only to the extent that such taxes are
added to or included in the price of such or similar merchandise when
sold in the country of exportation; and plus the amount of any taxes
rebated, or not collected, by reason of the exportation of the mer-
chandise to the United States, which rebate or noncollection has been
determined by the Secretary to be a bounty or grant within the mean-
19 usci 3 03. • j^g Qf section"303 of the Tariff Act of 1930.''
vaLT'^" '"^''"'* (^) Section 205 of the Antidumping Act, 1921 (19 U.S.C. sec. 164),
is amended by adding " ( a ) " immediately before the word "For", and
by addinsf at the end thereof the following new subsections:
"(b) Whenever the Secretary has reasonable grounds to believe
or suspect that sales in the home market of the country of exportation,
or, as appropriate, to countries other than the United States, have
been made at prices which represent less than the cost of producing
the merchandise in question, he shall determine whether, in fact, such
sales were made at less than the cost of producing the merchandise.
If the Secretary determines that sales made at less than cost of produc-
tion (1) have been made over an extended period of time and in sub-
stantial quantities, and (2) are not at prices which permit recovery of
all costs within a reasonable period of time in the normal course of
trade, such sales shall be disregarded in the determination of foreign
market value. "Whenever sales are disregarded by virtue of having been
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2047
made at less than the cost of production and the remaining sales, made
at not less than cost of production, ai-e determined to be inadecpiate as
a basis for the determination of forei<»n market value, the Secretary
shall determine that no foreion market value exists and employ the
constructed value of the mei'chandise in question.
"(c) If available information indicates to the Seci-etary that the
economy of the country from which the merchandise is exported is
state-control led to an extent that sales or offers of sales of such or
similar merchandise in that country or to countries other than the
United States do not pei-mit a determination of foreign market value
under subsection ( a ) , the Secretary shall determine tlie foreign mar-
ket value of the merchandise on the basis of the nor-mal costs, expenses,
and profits as reflected by either—
"(1) the prices, determined in accordance with subsection (a)
and section 202, at which such or similar merchandise of a non- ^^ ^^'^ ^^^•
state-controlled-economy country or countries is sold either (A)
for consumption in the home market of that country or coun-
tries, or (B) to other countries, including the United States; or
"(2) the constructed value of such or similar merchandise in a
non-state-controlled-economy country or countries as determined
under section 206. i9 use les.
" ( d ) Whenever, in the course of an investigation under this Act,
the Secretary determines that—
"(1) merchandise exported to the United States is being pro-
duced in facilities wdiich are owned or controlled, directly or
indirectly, by a person, firm, or corporation which also owns or
controls, directly or indirectly, other facilities for the production
of such or similar merchandise which are located in another
country or countries:
"(2) the sales of such or similar merchandise by the company
concerned in the home market of the exporting country are non-
existent or inadequate as a basis for comparison with the sales
of the merchandise to the United States; and
"(3) the foreign market value of such or similar merchandise
produced in one or more of the facilities outside the country of
exportation is higher than the foreign market value, or, if there
is no foreign market value, the constructed value, of such or sim-
ilar merchandise produced in the facilities located in the country
of exportation,
he shall determine the foreign market value of such merchandise by
reference to the foreign market value at which such or similar mer-
chandise is sold in substantial quantities by one or more facilities
outside the country of exportation. The Secretarv in making any
determination under this paragraph, shall make adjustments for the
difference between the costs of production (including taxes, labor,
materials, and overhead) of such or similar merchandise produced in
facilities outside the country of exportation and costs of production
of such or similar merchandise produced in the facilities in the coun-
try of exportation, if such differences are demonstrated to his satis-
faction. For the purpose of this subsection, in determining foreign
market value of such or similar merchandise produced in a country
outside of the country of exportation, the Secretary shall determine
its price at the time of exportation from the country of exportation
and shall make any adjustments required by section 205(a) for the ^^ ^^'^ ^^'*'
cost of all containers and coverings and all other costs, char-ges, and
expenses incident to placing the merchandise in condition packed
2048 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
ready for shipment to the United States by reference to such costs in
the country of exportation."
(e) Section 212(3) of the Antidumping Act, 1921 (19 U.S.C. sec.
170a(3)), is amended by striking out subparagraphs ( B ) , ( D ) , and
( F ) , and by redesignating subparagraphs (C) and ( E ) as subpara-
graphs (B) and (C),respectively.
(f) (1) Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is
amended by redesignating subsections ( d ) , (e), ( f ) , and (g) as sub-
sections (e), (f), ( g ) , and ( h ) , respectively, and by inserting after
subsection (c) the following new subsection:
" ( d ) Within 30 days after a determination by the Secretary—
"(1) under section 201 of the Antidumping Act, 1921 (19
U.S.C. 160), that a class or kind of foreign merchandise is not
being, nor likely to be, sold in the United States at less than its
fair value, or
19 use 1303. (2) under section 303 of this Act that a bounty or grant is not
being paid or bestowed,
an American manufacturer, producer, or wholesaler of merchandise
of the same class or kind as that described in such determination may
file with the Secretary a written notice of a desire to contest such deter-
mination. Upon receipt of such notice the Secretary shall cause pub-
lication to be made thereof and of such manufacturer's, producer's, or
wholesaler's desire to contest the determination. Within 30 days after
such publication, such manufacturer, producer, or wholesaler may
commence an action in the United States Customs Court contesting
such determination.".
(2) Section 2631(b) of title 28, United States Code, is amended
by inserting before the period at the end thereof ", or, in the case of
19 use 1516. jjj^ action under section 516(d) of such Act, after the date of publi-
cation of a notice under such section".
(3) Section 2632 of title 28, United States Code, is amended—
(A) by striking out the first sentence of subsection (a) and
inserting in lieu thereof the following: "A party may contest
(1) denial of a protest under section 515 of the Tariff Act of
19 use 1515. 1930, as amended; (2) a decision of the Secretary of the Treasury
19 use 1516. made under section 516 of the Tariff Act of 1930, as amended;
or (3) a determination by the Secretary of the Treasury under
Ante, p. 2043. scctiou 201 of the Antidumping Act, 1921, as amended, that a
class or kind of merchandise is not being, nor likely to be, sold
in the United States at less than its fair value, or under section
19 use 13 03. 303 of ^j^g Tariff Act of 1930 that a bounty or grant is not being
paid or bestowed; by bringing a civil action in the Customs
Court.";
(B) by inserting after "designee" in subsection (f) "in any
action brought under subsectio2i ( a ) ( 1 ) or ( a ) ( 2 ) " ; and
(C) by adding at the end thereof the following new subsection:
" is) Upon service of the summons on the Secretary of the Treasury
or his designee in an action contesting the Secretary's determination
under section 201 of the Antidumping Act, 1921, as amended, that a
class or kind of foreign merchandise is not being, nor likely to be, sold
in the United States at less than its fair value, the Secretary or his
designee shall forthwith transmit to the United States Customs Court,
as the official record of the civil action, a certified copy of the transcript
of lany hearing held by the Secretary in the particular antidumping
proceeding pursuant to section 201(d) (1) of the Antidumping Act,
1921, as amended, and certified copies of all notices, determinations,
or other matters which the Secretary has caused to be published in the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2049
Federal Register in connection with the particular antidumping Publication in
proceeding. Upon service of the summons on the Secretary of the ^ ^"^^ egister.
Treasury or his designee in an action contesting the Secretary's deter-
mination under section 303 of the Tariff Act of 1930 that a bounty or In Ira,
grant is not being paid or bestowed, the Secretary or his designee
shall forthwith transmit to the United States Customs Court, as the
official record of the civil action, a certified copy of the transcript
of all hearings held by the Secretary in the proceeding which resulted
in such determination and certified copies of all notices, determina-
tions, or other matters which the Secretary has caused to be published
in the Federal Register in connection with such proceeding.".
( g ) ( 1 ) The amendments made by subsection (a) of this section Applicability,,
shall apply with respect to all questions of dumping raised or presented note.
on or after the date of the enactment of this Act.
(2) The amendments made by subsections (b) through (e) of this ^^^l use i62
section shall apply with respect to all merchandise which is not n o t e .
appraised on or before the date of the enactment of this Act; except
that such amendments shall not apply with respect to any merchandise
which—
(A) was exported from the country of exportation before such
date of the enactment, and
(B) is subject to a finding under the Antidumping Act, 1921, 19 use 160.
which (i) is outstanding on such date of enactment, or (ii) was
revoked on or before such date of enactment but is still applicable
to such merchandise.
(3) The amendments made by subsection (f) shall apply with note, 19 use 1516
respect to determinations under section 201 of the Antidumping Act,
1921, resulting from questions of dumping raised or presented on oi* 19 use 160.
after the date of the enactment of this Act.
CHAPTER 3—COUNTERVAILING DUTIES
SEC. 331. AMENDMENTS TO SECTIONS 303 AND 516 OF THE TARIFF ACT
OF 1930.
(a) Section 303 of the Tariff Act of 1930 (19 U.S.C. sec. 1303) is
amended to read as follows:
"SEC. 303. COUNTERVAILING DUTIES.
" (a) LEVY or COUNTERVAILING DUTIES.— (1) Whenever any country,
dependency, colony, province, or other political subdivision of govern-
ment, person, partnership, association, cartel, or corporation, shall pay
or bestow, directly or indirectly, any bounty or grant upon the manu-
facture or production or export of any article or merchandise manu-
factured or produced in such country, dependency, colony, province, or
other political subdivision of government, then upon the importation
of such article or merchandise into the United States, whether the same
shall be imported directly from the country of production or other-
wise, and whether such article or merchandise is imported in the same
condition as when exported from the country of production or has been
changed in condition by remanufacture or otherwise, there shall be
levied and paid, in all such cases, in addition to any duties otherwise
imposed, a duty equal to the net amount of such bounty or grant, how-
ever the same be paid or bestowed.
"(2) I n the case of any imported article or merchandise which is
free of duty, duties may be imposed under this section only if there is
an affirmative determination by the Commission under subsection
(b) ( 1 ) ; except that such a determination shall not be required unless
a determination of injury is required by the international obligations
of the United States.
2050 PUBLIC LAW 93-618~JAN. 3, 1975 [88 STAT.
" (3) I n the case of any imported article or merchandise as to which
the Secretary of the Treasury (hereafter in this section referred to as
the 'Secretary') has not determined whether or not any bounty or grant
is being paid or bestowed—
" ( A ) upon the filing of a petition by any person setting forth
his belief that a bounty or grant is being paid or bestowed, and
the reasons therefor, or
" ( B ) whenever the Secretary concludes, from information pre-
sented to him or to any person to whom authority under this sec-
tion has been delegated, that a formal investigation is warranted
into the question of whether a bounty or grant is being paid or
bestowed,
the Secretary shall initiate a formal investigation to determine
Publication in whether or not any bounty or grant is being paid or bestow^ed and shall
Federal Register,
publish in the Federal Register notice of the initiation of such
investigation.
" (4) Within six months from the date on which a petition is filed
under paragraph (3) (A) or on which notice is published of an inves-
tigation initiated under paragraph (3) ( B ) , the Secretary shall make
a preliminary determination, and within twelve months from such dat^
shall make a final determination, as to whether or not any bounty or
grant is being paid or bestowed.
" (5) The Secretary shall from time to time ascertain and determine,
or estimate, the net amount of each such bounty or grant, and shall
declare the net amount so determined or estimated.
Regulations, "(6) The Secretary shall make all regulations he deems necessary
for the identification of articles and merchandise subject to duties
under this section and for the assessment and collection of such duties.
Publication in All determinations by the Secretary under this section, and all deter-
Federal Register.
minations by the Commission under subsection ( b ) ( 1 ) , (whether
affirmative or negative) shall be published in the Federal Register,
"(b) I N J U R Y DETERMINATIONS W I T H RESPECT TO DUTY-FREE
MERCHANDISE; SUSPENSION OF LIQUIDATION.—(1) Whenever the Sec-
retary makes a final determination under subsection (a) that a bounty
or grant is beinjs; paid or bestowed with respect to any article or mer-
chandise which is free of duty and a determination by the Commission
is required under subsection (a) (2), he shall—
" ( A ) so advise the Commission, and the Commission shall
determine within three months thereafter, and after such investi-
gation as it deems necessary, whether an industry in the United
States is being or is likely to be injured, or is prevented from
being established, by reason of the importation of such article or
merchandise into the United States; and the Commission shall
notify the Secretary of its determination; and
" ( B ) require, under such regulations as he may prescribe, the
suspension of liquidation as to such article or merchandise entered,
or withdrawn from warehouse, for consumption on or after the
date of the publication in the Federal Register of his final deter-
mination under subsection ( a ) , and such suspension of liquidation
shall continue until the further order of the Secretary or until
he has made public an order as provided for in paragraph (3).
"(2) F o r the purposes of this subsection, the Commission shall be
deemed to have made an affirmative determination if the commis-
sioners voting are evenly divided as to whether its determination
should be in the affirmative or in the negative.
"(3) If the determination of the Commission under paragraph
(1) (A) is in the affirmative, the Secretary shall make public an order
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2051
directing the assessment and collection of duties in the amount of such
bounty or grant as is from time to time ascertained and determined,
or estimated, under subsection ( a ) .
"(c) APPLICATION or AFFIRMATIVE DETERMINATIOX.—An affirma-
tive final determination by the Secretary under subsection (a) with
respect to any imported article or merchandise shall apply with respect
to articles entered, or withdrawn from warehouse, for consumption on
or after the date of the publication in the Federal Register of such
determination. I n the case of any imported article or merchandise
which is free of duty, so long as a finding of injury is required by the
international obligations of the United States, the preceding sentence
shall apply only if the Commission makes an affirmative determination
of injury under subsection ( b ) ( 1 ) .
"(d) TEMPORARY PROVISION W H I L E NEGOTIATIONS ARE IN PROC-
ESS.—(1) It is the sense of the Congress that the President, to the
extent practicable and consistent with United States interests, seek
through negotiations the establishment of internationally agreed rules
and procedures governing the use of subsidies (and other export incen-
tives) and the application of countervailing duties.
"(2) If, after seeking information and advice from such agencies
as he may deem appropriate, the Secretary of the Treasury determines,
at any time during the four-year period beginning on the date of the
enactment of the Trade Act of 1974, that— ^"^^' p- i^ys.
" ( A ) adequate steps have been taken to reduce substantially
or eliminate during such period the adverse elffect of a bounty
or grant which he has determined is being paid or bestowed with
respect to any article or merchandise;
" ( B ) there is a reasonable prospect that, under section 102 of
the Trade Act of 1974, successful trade agreements will be entered ^"^''> P- 1^82 „
into with foreign countries or instrumentalities providing for the
reduction or elimination of barriers to or other distortions of
international trade; and
" ( C ) the imposition of the additional duty under this section
with respect to such article or merchandise would be likely to
seriously jeopardize the satisfactory completion of such negotia-
tions ;
the imposition of the additional duty under this section with respect
to such article or merchandise shall not be required during the
remainder of such four-year period. This paragraph shall not apply Non-rubber foot-
with respect to any case involving non-rubber footwear pending on '^^^'^"
the date of the enactment of the Trade Act of 1974 until and unless
agreements which temporize imports of non-rubber footwear become
effective.
"(3) The determination of the Secretary under paragraph (2) may
be revoked by him, in his discretion, at any time, and any determi-
nation made under such paragraph shall be revoked whenever the
basis supporting such determination no longer exists. The additional
duty provided under this section shall apply with respect to any
affected articles or merchandise entered, or withdrawn from ware-
house, for consumption on or after the date of publication of any
revocation under this subsection in the Federal Register.
"(e) REPORTS TO CONGRESS.— (1) Whenever the Secretary makes
a determination under subsection (d) (2) with respect to any article
or merchandise, he shall promptly transmit to the House of Repre-
sentatives and the Senate a document setting forth the determination,
together with his reasons therefor.
" (2) If, at any time after the document referred to in paragraph
(1) is delivered to the House of Representatives and the Senate, either
2052 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
the House or the Senate adopts, by an affirmative vote of a majority of
those present and voting in that House, a resolution of disapproval
Ante, p. 2004. under the procedures set forth in section 152, then such determina-
tion under subsection (d) (2) with respect to such article or merchan-
dise shall have no force or effect beginning with the day after the
date of the adoption of such resolution of disapproval, and the
additional duty provided under this section with respect to such
article or merchandise shall apply with respect to articles or
merchandise entered, or withdrawn from warehouse, for consumption
on or after such day.".
(b) So much of cectioii 516 of the Tariff Act of 1930 (19 U.S.C.
1516) as precedes subsection (d) is amended to read as follows:
"SEC. 516. PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS,
OR WHOLESALERS.
"(a) The Secretary shall, upon written request by an American
manufacturer, producer, or wholesaler, furnish the classification, the
Ante, p. 2049. J.Q^Q Q-f duty, the additional duty described in section 303 of this Act
(hereinafter in this section referred to as 'countervailing duties'), if
any, and the special duty described in section 202 of the Antidumping
19 use 161. J^QI^ 1921 (hereinafter in this section referred to as 'antidumping
duties'), if any, imposed upon designated imported merchandise of a
class or kind manufactured, produced, or sold at wholesale by him. If
such manufacturer, producer, or wholesaler believes that the appraised
value is too low, that the classification is not correct, that the proper
rate of duty is not being assessed, or that countervailing duties or anti-
dumping duties should be assessed, he may file a petition with the
Secretary setting forth (1) a description of the merchandise, (2) the
appraised value, the classification, or the rate or rates of dut^ that he
believes proper, and (3) the reasons for his belief including, m appro-
priate instances, the reasons for his belief that countervailing duties
or antidumping duties should be assessed.
"(b) If, after receipt and consideration of a petition filed by an
American manufacturer, producer, or wholesaler, the Secretary decides
that the appraised value of the merchandise is too low, that the classi-
fication of the article or rate of duty assessed thereon is not correct,
or that countervailing duties or antidumping duties should be assessed,
he shall determine the proper appraised value or classification, rate of
duty, or countervailing duties, or antidumping duties and shall notify
the petitioner of his determination. Except for countervailing duty
and antidumping duty purposes, all such merchandise entered for
consumption or withdrawn from warehouse for consumption more
than thirty days after the date such notice to the petitioner is published
in the weekly Customs Bulletin shall be appraised or classified or
assessed as to rate of duty in accordance with the Secretary's deter-
mination. For countervailing duty purposes, the procedures set forth
in section 303 shall apply. For antidumping duty purposes, the pro-
Ante, p. 2043. gedures set forth in section 201 of the Antidumping Act, 1921, shall
apply.
"(c) If the Secretary decides that the appraised value or classifica-
tion of the articles or the rate of duty with respect to which a petition
was filed pursuant to subsection (a) is correct, or that countervailing
duties or antidumping duties should not be assessed, he shall so inform
the petitioner. If dissatisfied with the decision of the Secretary, the
petitioner may file with the Secretary, not later than thirty days after
the date of the decision, notice that he desires to contest the appraised
value or classification of, or rate of duty assessed upon or the failure to
assess countervailing duties or antidumping duties upon, the merchan-
dise. Upon receipt of notice from the petitioner, the Secretary shall
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2053
cause publication to be made of his decision as to the proper appraised
value or classification or rate of duty or that countervailing duties or
antidumping duties should not be assessed and of the petitioner's desire
to contest, and shall thereafter furnish the petitioner with such infor-
mation as to the entries and consignees of such merchandise, entered
after the publication of the decision of the Secretary at such ports of
entry designated by the petitioner in his notice of desire to contest, as
will enable the petitioner to contest the appraised value or classifica-
tion of, or rate of duty imposed upon or failure to assess countervailing
duties or antidumping duties upon, such merchandise in the liquidation
of one such entry at such port. The Secretary shall direct the appro-
priate Customs officer at such ports to notify the petitioner by mail
immediately when the first of such entries is liquidated."
(c) Section 515(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d))
is amended by inserting before the period at the end thereof "or the
imposition of countervailing duties under section 303". ^"'e, p. 2049.
(d) (1) The amendments made by this section shall take effect on the Effective date.
date of the enactment of this Act. note."^^ ^ ^ °^
(2) F o r purposes of applying the provisions of section 303(a) (4)
of the Tariff Act of 1930 (as amended by subsection (a)) with respect
to any investigation which was initiated before the date of the enact-
ment of this Act under section 303 of such Act (as in effect before such
date), such investigation shall be treated as having been initiated on
the day after such date of enactment under section 303(a) (3) (B) of
such Act.
(3) Any article which is entered or withdrawn from warehouse free
of duty as a result of action taken under title V of this Act shall be
considered a nondutiable article for purposes of section 303 of the
Tariff Act of 1930, as amended (19 U.S.C. sec. 1303).
CHAPTER 4—UNFAIR IMPORT PRACTICES
SEC. 341. AMENDMENT TO SECTION 337 OF THE TARIFF ACT OF 1930.
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337-) is
amended to read as follows:
"SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE.
"(a) UNFAIR METHODS OF COMPETITION DECLARED UNLAWFUL.—
Unfair methods of competition and unfair acts in the importation of
articles into the United States, or in their sale by the owner, importer,
consignee, or agent of either, the effect or tendency of which is to
destroy or substantially injure an industry, efficiently and economically
operated, in the United States, or to prevent the establishment of
such an industry, or to restrain or monopolize trade and commerce in
the United States, are declared unlawful, and when found by the
Commission to exist shall be dealt with, in addition to any other
provisions of law, as provided in this section.
"(b) INVESTIGATIONS OF VIOLATIONS BY COMMISSION ; T I M E L I M I T S . —
(1) The Commission shall investigate any alleged violation of this
section on complaint under oath or upon its initiative. Upon com- Publication in
mencing any such investigation, the Commission shall publish notice ^^'^"^^ Register.
thereof in the Federal Register. The Commission shall conclude any
such investigation, and make its determination under this section, at ^ Publication in
the earliest practicable time, but not later than one year (18 months F'^"^"""'
e d e r a l "^"~'-*-
Register.
in more complicated cases) after the date of publication of notice of
such investigation. The Commission shall publish in the Federal
Register its reasons for designating any investigation as a more com-
plicated investigation. For purposes of the one-year and 18-month
periods prescribed by this subsection, there shall be excluded any
2054 PUBLIC LAW 93-618-J AN. 3, 1975 [88 STAT.
period of time during which such investigation is suspended because
of proceedings in a court or agency of the United States involving
similar questions concerning the subject matter of such investigation.
"(2) During the course of each investigation under this section, the
Commission snail consult with, and seek advice and information from,
the Department of Health, Education, and Welfare, the Department
of Justice, the Federal Trade Commission, and such other departments
and agencies as it considers appropriate.
"(3) Whenever, in the course of an investigation under this section,
the Commission has reason to believe, based on information before it,
that the matter may come within the purview of section 303 or of the
Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the
Treasury so that such action may be taken as is otherwise authorized
by such section and such Act.
"(c) DETERMINATIONS; KEVIEW.—^The Commission shall determine,
with respect to each investigation conducted by it under this section.
Hearing. whether or not there is a violation of this section. Each determination
under subsection (d) or (e) shall be made on the record after notice
and opportunity for a hearing in conformity with the provisions of
5 use 551. subchapter I I of chapter 5 of title 5, United States Code. All legal
and equitable defenses may be presented in all cases. Any person
adversely affected by a final determination of the Commission under
subsection (d) or (e) may appeal such determination to the United
States Court of Customs and Patent Appeals. Such court shall have
jurisdiction to review such determination in the same manner and
subject to the same limitations and conditions as in the case of appeals
from decisions of the United States Customs Court.
" ( d ) EXCLUSION OF ARTICLES FROM E N T R Y . — I f the Commission
determines, as a result of an investigation under this section, that
there is violation of this section, it shall direct that the articles con-
cerned, imported by any person violating the provision of this section,
be excluded from entry into the United States, unless, after consider-
ing the effect of such exclusion upon the public health and welfare,
competitive conditions in the United States economy, the production
of like or directly competitive articles in the United States, and United
States consumers, it finds that such articles should not be excluded
from entry. The Commission shall notify the Sexiretary of the Treasury
of its action under this subsection directing such exclusion from entry,
and upon receipt of such notice, the Secretary shall, through the
proper officers, refuse such entry.
"(e) EXCLUSION OF ARTICLES FROM ENTRY DURING INVESTIGATION
EXCEPT UNDER BOND.—If, during the course of an investigation under
this section, the Commission determines that there is reason to believe
that there is a violation of this section, it may direct that the articles
concerned, imported by any person with respect to whom there is Reason
to believe that such person is violating this section, be excluded from
entry into the United States, unless, after considering the effect of
such exclusion upon the public health and welfare, competitive con-
ditions in the United States economy, the production of like or directly
competitive articles in the United States, and United States consumers,
it finds that such articles should not be excluded from entry. The
Commission shall notify the Secretary of the Treasury of its action
under this subsection directing such exclusion from entry, and upon
receipt of such notice, the Secretary shall, through the proper officers,
refuse such entry, except that such articles shall be entitled to entry
under bond determined by the Commission and prescribed by the
Secretary.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2055
"(f) CEASE AND DESIST ORDERS.—In lieu of taking action under
subsection (d) or (e). the Commission may issue and cause to be
served on any person violating this section, or believed to be violating
this section, as the case may be, an order directing such person to
cease and desist from engaging in the unfair methods or acts involved,
unless after considering the effect of such order upon the public health
and welfare, competitive conditions in the United States economy, the
production of like or directly competitive articles in the United
States, and United States consumers, it finds that such order should
not be issued. The Commission may at any time, upon such notice
and in such manner as it deems pi'oper, modify or revoke any such
order, and, in the case of a revocation, may take action under subsection
(d) or (e), as the case may be.
" ( g ) REFERRAL TO THE PRESIDENT.— (1) If the Commission deter-
mines that there is a violation of this section, or that, for purposes
of subsection (e), there is reason to believe that there is such a viola-
tion, it shall—
" ( A ) publish such determination in the Federal Register, and F ePublication in
deral Register.
" ( B ) transmit to the President a copy of such determination
and the action taken under subsection ( d ) , (e), or (f), with
respect thereto, together with the record upon which such deter-
mination is based.
"(2) If, before the close of the OO-day period beginning on the
day after the day on which he receives a copy of such determination,
the President, for policy reasons, disapproves such determination and
notifies the Commission of his disapproval, then, eii'ective on the dsite
of such notice, such determination and the action taken under subsec-
tion ( d ) , (e), or (f) with respect thereto shall have no force or efi'ect.
"(8) Subject to the provisions of paragraph (2), such determina-
tion shall, except for purposes of subsection (c), be efi'ective upon
publication thereof in the Federal Register, and the action taken under
subsection ( d ) , (e), or (f) with respect thereto shall be effective as
provided in such subsections, except that articles directed to be
excluded from entry under subsection (d) or subject to a cease and
desist order under subsection (f) shall be entitled to entry under
bond determined by the Commission and prescribed by the Secretary
until such determination becomes final,
"(4) If the President does not disapprove such determination
within such 60-day period, or if he notifies the Commission before the
close of such period that he approves such determination, then, for
purposes of paragraph (3) and subsection (c) such determination
shall become final on the day after the close of such period or the day
on which the President notifies the Commission of his approval, as
the case may be.
" ( h ) PERIOD OF EFFEC/JTVENESS.—Except as provided in subsections
(f) and ( g ) , any exclusion from entry or order under this section
shall continue in effect until the Commission finds, and in the case of
exclusion from entry notifies the Secretary of the Treasury, that the
conditions which led to such exclusion from entry or order no longer
exist.
"(i) IMPORTATIONS BY OR FOR THE IGNITED STATES.—Any exclusion
from entry or order under subsection ( d ) , (e), or (f), in cases based on
claims of United States letters patent, shall not apply to any articles
imported by and for the use of the United States, or imported for,
and to be used for, the United States with the authorization oi- consent
of the Government. Whenever any article w^ould have been excluded
from entry or would not have been entered pursuant to tlie provisions
of such subsections but for the operation of this subsection, a patent
owner adversely affected shall be entitled to reasonable and entire
2056 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
compensation in an action before the Court of Claims pursuant to the
procedures of section 1498 of title 28, United States Code,
"(j) DEFINITION OF UNITED STATES.—For purposes of this section
1340"^*^ ^^^^' ^^^ sections 338 and 340, the term 'United States' means the customs
territory of the United States as defined in general headnote 2 of the
Tariff Schedules of the United States."
(b) Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g))
is amended by adding at the end thereof the following new sentence:
Annual report. "Each such aunual report shall include a list of all complaints filed
Ante, p. 2053. under section 337 during the year for which such report is being made,
the date on which each such complaint was filed, and the action taken
thereon, and the status of all investigations conducted by the commis-
sion under such section during such year and the date on which each
such investigation was commenced."
Effective date. /(j\ 'pj^g amcndmcuts made by this section shall take effect on the
19 imc* 1337 ^ •
note. 90th day after the date of the enactment of this Act, except that, for
purposes of issuing regulations under section 337 of the Tariff Act of
1930, such amendments shall take effect on the date of the enactment
of this Act. For purposes of applying section 337(b) of the Tariff
Act of 1930 (as amended by subsection ( a ) ) with respect to investi-
gations being conducted by the International Trade Commission under
section 337 of the Tariff Act on the day prior to the 90th day after the
date of the enactment of this Act, such investigations shall be con-
sidered as having been commenced on such 90th day.
TITLE IV—TRADE RELATIONS WITH
COUNTRIES NOT CURRENTLY RECEIV-
ING NONDISCRIMINATORY TREAT-
MENT
19 use 2431. SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR
AREAS.
Except as otherwise provided in this title, the President shall con-
tinue to deny nondiscriminatory treatment to the products of any
country, the products of which were not eligible for the rates set forth
19 use 1202. jjj j.g^^g column numbered 1 of the Tariff Schedules of the United States
on the date of the enactment of this Act.
19 u s e 2432.
SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE.
(a) To assure the continued dedication of the United States to
fundamental human rights, and notwithstanding any other provision
of law, on or after the date of the enactment of this Act products from
any nonmarket economy country shall not be eligible to receive non-
discriminatory treatment ^most-favored-nation treatment), such coun-
try shall not participate m any program of the Government of the
United States which extends credits or credit guarantees or investment
guarantees, directly or indirectly, and the President of the United
States shall not conclude any commercial agreement with any such
country, during the period beginning with the date on which the
President determines that such country—•
(1) denies its citizens the right or opportunity to emigrate;
(2) imposes more than a nominal tax on emigration or on the
visas or other documents required for emigration, for any purpose
or cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or other
charge on any citizen as a consequence of the desire of such citizen
to emigrate to the country of his choice.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2057
and ending on the date on which the President determines that such
country is no longer in violation of paragraph (1), (2), or (3).
(b) After the date of the enactment of this Act, (A) products ^^^""^'J^J^^.
of a nonmarket economy country may be eligible to receive nondis- ^rie", product's,
criminatory treatment (most-favored-nation treatment), (B) such eligibility.
country may participate in any program of the Government of the
United States which extends credits or credit guarantees or investment
guarantees, and (C) the President may conclude a commercial agree- Report to
ment with such country, only after the President has submitted to the Congress.
Congress a report indicating that such country is not in violation of
paragraph (1), (2), or (3) of subsection ( a ) . Such report with respect
to such country shall include information as to the nature and imple-
mentation of emigration laws and policies and restrictions or discrim-
ination applied to or against persons wishing to emigrate. The report
required by this subsection shall be submitted initially as provided
herein and, Avith current information, on or before each June 30 and
December 31 thereafter so long as such treatment is received, such
credits or guarantees are extended, or such agreement is in effect.
(c) (1) During the 18-month period beginning on the date of the waiver.
enactment of this Act, the President is authorized to waive by Execu-
tive order the application of subsection (a) and (b) with respect to
any country, if he reports to the Congress that—
(A) he has determined that such waiver will substantially pro-
mote the objectives of this section; and
(B) he has received assurances that the emigration practices
of that country will henceforth lead substantially to the achieve-
ment of the objectives of this section.
(2) During any period subsequent to the 18-month period referred
to in paragraph (1), the President is authorized to waive by Execu-
tive order the application of subsections (a) and (b) with respect to
any country, if the waiver authority granted by this subsection con-
tinues to apply to such country pursuant to subsection ( d ) , and if he
reports to the Congress that—
(A) he has determined that such waiver will substantially pro-
mote the objectives of this section; and
(B) he has received assurances that the emigration practices of
that country will henceforth lead substantially to the achievement
of the objectives of this section;
(3) A waiver with respect to any country shall terminate on the Termination.
day after the waiver authority granted by this subsection ceases to be
effective with respect to such country pursuant to subsection ( d ) . The
President may, at any time, terminate by Executive order any waiver
granted under this subsection.
(d) (1) If the President determines that the extension of the waiver .^ ^^i^ff„'l"l^'"""
ity, e x t e n s i o n .
authority granted by subsection (c) (1) will substantially promote the
objectives of this section, he may recommend to the Congress that such
authority be extended for a period of 12 months, A.ny such recom-
mendation shall—
(A) be made not later than ,30 days before the expiration of
such authority;
(B) be made in a document transmitted to the House of Repre-
sentatives and the Senate setting forth his reasons for recommend-
ing the extension of such authority; and
(C) include, for each country with respect to which a waiver
granted under subsection (c) (1) is in effect, a determination that
continuation of the waiver applicable to that country will sub-
stantially promote the objectives of this section, and a statement
setting forth his reasons for such determination.
2058 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(2) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), such author-
ity shall continue in effect with respect to any country for a period
of 12 months following the end of the 18-month period referred to
in subsection (c) (1), if, before the end of such 18-month period, the
House of Representatives and the Senate adopt, by an affirmative vote
of a majority of the Members present and voting in each House and
Ante, p. 2006. under the procedures set forth in section 153, a concurrent resolution
approving the extension of such authority, and such resolution does
not name such country as being excluded from such authority. Such
authority shall cease to be effective with respect to any country named
in such concurrent resolution on the date of the adoption of such con-
current resolution. If before the end of such 18-month period, a
concurrent resolution approving the extension of such authority is
not adopted by the House and the Senate, but both the House and
Senate vote on the question of final passage of such a concurrent
resolution and—
(A) both the House and the Senate fail to pass such a concur-
rent resolution, the authority granted by subsection (c) (1) shall
cease to be effective with respect to all countries at the end of such
18-month period;
(B) both the House and the Senate pass such a concurrent
resolution which names such country as being excluded from such
authority, such authority shall cease to be effective with respect
to such country at the end of such 18-month period; or
(C) one House fails to pass such a concurrent resolution and
the other House passes such a concurrent resolution which names
such country as being excluded from such authority, such author-
ity shall cease to be effective with respect to such country at the
end oi such 18-month period.
(3) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), and at the
end of the 18-month period referred to in subsection (c) (1) the House
of Representatives and the Senate have not adopted a concurrent reso-
lution approving the extension of such authority and subparagraph
(A) of paragraph (2) does not apply, such authority shall continue
in effect for a period of 60 days following the end of such 18-month
period with respect to any country (except for any country with
respect to which such authority w^as not extended by reason of the
application of subparagraph (B) or (C) of paragraph (2)), and
shall continue in effect for a period of 12 months followini; the end
of such 18-month period with respect to any such country if, before
the end of such 60-day period, the House of Representatives and the
Senate adopt, by an affirmativ^e vote of a majority of the Members
present and voting in each House and under the procedures set forth
m section 153, a concurrent resolution approving the extension of such
authority, and such resolution does not name such country as being
excluded from such authority. Such authority shall cease to be effec-
tive with respect to any country named in such concurrent resolution
on the date of the adoption of such concurrent resolution. If before
the end of such 60-day period, a concurrent resolution approving the
extension of such authority is not adopted by the House and Senate,
but both the House and Senate vote on the question of final passage of
such a concurrent resolution and—•
(A) both the House and the Senate fail to pass such a concur-
rent resolution, the authority granted by subsection (c) (1) shall
cease to be effective with respect to all countries on the date of the
vote on the question of final passage by the House which votes
last;
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2059
(B) both the House and the Senate pass such a concurrent
resolution which names such country as being excluded from such
authority, such authority shall cease to be effective with respect
to such country at the end of such 60-day period; or
(C) one House fails to pass such a concurrent resolution and
the other House passes such a concurrent resolution which names
such country as being excluded from such authority, such author-
ity shall cease to be effective with respect to such country at the
end of such 60-day period.
(4) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), and at the
end of the 60-day period referred to in paragraph (3) the House of
Representatives and the Senate have not adopted a concurrent reso-
lution approving the extension of such authority and subparagraph
(A) of paragraph (3) does not apply, such authority shall continue
in effect until the end of the 12-month period following the end of the
18-month period referred to in subsection (c) (1) with respect to any
country (except for any country with respect to which such authority
was not extended by reason of the application of subparagraph (B)
or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph
( 3 ) ) , unless before the end of the 45-day period following such 60-day
period either the House of Representatives or the Senate adopts, by
an affirmative vote of a majority of the Members present and voting
in that TTonse and under the procedures set forth in section 153, a reso-
lution disapproving the extension of such authority generally or with
respect to such country specifically. Such authority shall cease to be
efjective with respect to all countries on the date of the adoption by
either House before the end of such 45-day period of a resolution dis-
approving the extension of such authority, and shall cease to be effec-
tive with respect to any country on the date of the adoption by either
House before the end of such 45-day period of a resolution disapprov-
ing the extension of such authority with respect to such country.
(5) If the Avaiver authority granted by subsection (c) has been waiver author-
extended under paragraph (3) or (4) for any country for the 12- ^^/^'^^^''ther exten-
month period referred to in such paragraphs, and the President deter-
mines that the further extension of such authority will substantially
promote the obiectiv^es of this section, he may recommend further
extensions of such authority for successive 12-month periods. Any such
recommendations shall—
(A) be made not later than 30 days before the expiration of
such authority;
(B) be made in a document transmitted to the House of Repre-
sentatives and the Senate setting forth his reasons for recom-
mending the extension of such authority; and
(C) include, for each country with respect to which a waiver
granted under subsection (c) is in effect, a determination that
continuation of the waiver applicable to that country will sub-
stantially promote the objectives of this section, and a statement
setting forth his reasons for such determination.
If the President recommends the further extension of such authoi-itv,
such authority shall continue in effect until the end of the 12-month
period following the end of the previous 12-month extension with
respect to any country (except for any country with respect to which
such authoritv has not been extended under this subsection), unless
before the end of the 60-day period following such previous 12-month
extension, either the House of Representatives or the Senate adopts,
by an affirmative vote of a majority of the Members present and voting
in that House and vmder the procedures set forth in section 153, a ^"f^, p. 2006.
2060 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
resolution disapproving the extension of such authority generally or
with respect to such country specifically. Such authority shall cease
to be effective with respect to all countries on the date of the adoption
by either House before the end of such 60-day period of a resolution
disapproving the extension of such authority, and shall cease to be
effective with respect to any country on the date of the adoption by
either House before the end of such 60-da^ period of a resolution
disapproving the extension of such authority with respect to such
country.
(e) This section shall not apply to any country the products of
which are eligible for the rates set forth in rate column numbered 1
19 use 1202. ^f ti^e Tariff Schedules of the United States on the date of the enact-
ment of this Act.
19 use 2433. SEC. 403. UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTH-
EAST ASIA.
(a) Notwithstanding any other provision of law, if the President
determines that a nonmarket economy country is not cooperating with
the United States—
(1) to achieve a complete accounting of all United States
military and civilian personnel who are missing in action in
Southeast Asia,
(2) to repatriate such personnel who are alive, and
(3) to return the remains of such personnel who are dead to the
United States,
then, during the period beginning with the date of such determina-
tion and ending on the date on which the President determines such
country is cooperating with the United States, he may provide that—
(A) the products of such country may not receive nondiscrimi-
natory treatment,
(B) such country may not participate, directly or indirectly,
in any program under which the United States extends credit,
credit guarantees, or investment guarantees, and
(C) no commercial agreement entered into under this title
between such country and the United States will take effect.
(b) This section shall not apply to any country the products of
which are eligible for the rates set forth in rate column numbered 1
19 use 1202. ^f ^^^ rp^^j^ Schedules of the United States on the date of the enact-
ment of this Act.
19 use 2434. sEc^ 404. EXTENSION OF NONDISCRIMINATORY TREATMENT.
(a) Subject to the provisions of section 405(c), the President may
by proclamation extend nondiscriminatory treatment to the products
of a foreign country which has entered into a bilateral commercial
agreement referred to in section 405.
(b) The application of nondiscriminatory treatment shall be limited
to the period of effectiveness of the obligations of the United States
to such country under such bilateral commercial agreement. In addi-
tion, in the case of any foreign country receiving nondiscriminatory
treatment pursuant to this title which has entered into an agreement
with the United States regarding the settlement of lend-lease reciprocal
aid and claims, the application of such nondiscriminatory treatment
shall be limited to periods during which such country is not in arrears
on its obligations under such agreement.
(c) The President may at any time suspend or withdraw any exten-
sion of nondiscriminatory treatment to any country pursuant to sub-
section ( a ) , and thereby cause all products of such country to be
dutiable at the rates set forth in rate column numbered 2 of the Tar-
19 use 1202. ^Q Schedules for the United States.
88 STAT.] PUBLIC LAW 93-618-JAN. 3, 1975 2061
SEC. 405. AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS. 19 u s e 2435.
(a) Subject to the provisions of subsections (b) and (c) of this sec-
tion, the President may authorize the entry into force of bilateral
commercial agreements providing nondiscriminatory treatment to the
products of countries heretofore denied such treatment whenever he
determines that such agreements with such countries will promote the
purposes of this Act and are in the national interest.
(b) Any such bilateral commercial agreement shall—
(1) be limited to an initial period specified in the agreement
which shall be no more than 3 years from the date the agreement
enters into force; except that it mav be renewable for additional
periods, each not to exceed 3 years; ir—
(A) a satisfactory balance of concessions in trade and serv-
ices has been maintained during the life of such agreement,
and
(B) the President determines that actual or foreseeable
reductions in United States tariffs and nontariff barriers to
trade resulting from multilateral negotiations are satisfac-
torily reciprocated by the other party to the bilateral
agreement;
(2) provide that it is subject to suspension or termination at
any time for national security reasons, or that the other provisions
of such agreement shall not limit the rights of any party to take
any action for the protection of its security interests;
(3) include safeguard arrangements (A) providing for prompt
consultations whenever either actual or prospective imports cause
or threaten to cause, or significantly contribute to, market disrup-
tion and (B) authorizing the imposition of such import restric-
tions as may be appropriate to prevent such market disruption;
(4) if the other party to the bilateral agreement is not a party
to the Paris Convention for the Protection of Industrial Property, 21 UST 1583.
provide rights for United States nationals with respect to patents
and trademarks in such country not less than the rights specified
in such convention;
(5) if the other party to the bilateral agreement is not a party
to the Universal Copyright Convention, provide rights for ^ UST 2731,
United States nationals with respect to copyrights in such
country not less than the rights specified in such convention;
(6) in the case of an agreement entered into or renewed after
the date of the enactment of this Act, provide arrangements for
the protection of industrial rights and processes;
(7) provide arrangements for the settlement of commercial
differences and disputes;
(8) in the case of an agreement entered into or renewed after
the date of the enactment of this Act, provide arrangements for
the promotion of trade, which may include those for the estab-
lishment or expansion of trade and tourist promotion offices, for
facilitation of activities of governmental commercial officers, par-
ticipation in trade fairs and exhibits, and the sending of trade
missions, and for facilitation of entry, establishment, and travel
of commercial representatives;
(9) provide for consultations for the purpose of reviewing the
operation of the agreement and relevant aspects of relations
between the United States and the other party; and
(10) provide such other arrangements of a commercial nature
as will promote the purposes of this Act.
(c) An agreement referred to in subsection ( a ) , and a proclamation
referred to in section 404(a) implementing such agreement, shall
take effect only if (1) approved by the Congress by the adoption of a
2062 PUBLIC LAW 93-618-J AN. 3, 1975 [88 STAT.
Ante, p . 2001. concurrent resolution referred to in section 151, or (2) in the case of
an agreement entered into before the date of the enactment of this
Act and a proclamation implementing such agreement, a resolution of
Ante, p . 2004.
disapproval referred to in section 152 is not adopted during the 90-day
period specified by section 407(c) (2).
19 u s e 2436. SEC. 406. MARKET DISRUPTION.
(a) (1) Upon the filing of a petition by an entity described in sec-
Ante, p . 2011. tion 201(a) (1), upon request of the President or the Special Repre-
sentative for Trade Negotiations, upon resolution of either the
Committee on Ways and Means of the House of Representatives or the
Committee on Finance of the Senate, or on its own motion, the Inter-
national Trade Commission (hereafter in this section referred to as
the "Commission") shall promptly make an investigation to determine,
with respect to imports of an article which is the product of a Com-
munist country, whether market disruption exists with respect to an
article produced by a domestic industry.
(2) The provisions of subsections (a) (2), (b) (3), and (c) of sec-
tion 201 shall apply wdth respect to investigations by the Commission
under paragraph (1).
Report to
President. (3) The Commission shall report to the President its determination
with respect to each investigation under paragraph (1) and the basis
therefor and shall include in each report any dissenting or separate
views. If the Commission finds, as a result of its investigation, that
market disruption exists with respect to an article produced by a
domestic industry, it shall find the amount of the increase in, or imposi-
tion of, any duty or other import restriction on such article which is
necessary to prevent or remedy such market disruption and shall
include such finding in its report to the President, The Commission
shall furnish to the President a transcript of the hearings and any
briefs which may have been submitted in connection with each
investigation.
(4) The report of the Commission of its determination with respect
to an investigation under paragraph (1) shall be made at the earliest
practicable time, but not later than 3 months after the date on which
the petition is filed (or the date on which the request or resolution is
received or the motion is adopted, as the case may be). Upon making
such report to the President, the Commission shall also promptly make
public such report (with the exception of information which the Com-
Publication in mission determines to be confidential) and shall cause a summary
Federal Register.
thereof to be published in the Federal Register.
Ante, pp. 2014,
2015. (b) For purposes of sections 202 and 203, an affirmative determina-
tion of the Commission under subsection (a) shall be treated as an
affirmative determination under section 201(b), except that—
(1) the President may take action under sections 202 and 203
only with respect to imports from the country or countries involved
of the article with respect to which the affirmative determination
was made, and
(2) if such action consists of, or includes, an orderly marketing
agreement, such agreement shall be entered into within 60 days
after the import relief determination date.
Investigation. (c) If, at any time, the President finds that there are reasonable
grounds to believe, with respect to imports of an article which is the
product of a Communist country, that market disruption exists with
respect to an article produced by a domestic industry, he shall request
Emergency
action. the Commission to initiate an investigation under subsection (a). If
the President further finds that emergency action is necessary, he may
take action under sections 202 and 203 as if an affirmative determina-
tion of the Commission had been made under subsection (a). Any
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2063
action taken by the President under the preceding sentence shall
cease to apply (1) if a negative determination is made by the Com-
mission under subsection (a) with respect to imports of such article,
on the day on which the Commission's report of such determination
is submitted to the President, or (2) if an affirmative determination is
made by the Commission under subsection (a) with respect to imports
of such article, on the day on which the action taken by the President
pursuant to such determination becomes effective.
(d) (1) A petition may be filed with the President by an entity
described in section 201(a)(1) requesting the President to initiate Ante, p. 2011.
consultations provided for by the safeguard arrangements of any
agreement entered into under section 405 with respect to imports of
an article which is the product of the country which is the other party
to such agreement.
(2) If the President determines that there are reasonable gi-ounds
to believe, Avith respect to imports of such article, that market dis-
ruption exists with respect to an article produced by a domestic indus-
try, he shall initiate consultations with such country with respect to
such imports.
(e) For purposes of this section—
(1) The term "Communist country" means any country domi- "Communist
country."
nated, or controlled by communism.
(2) Market disruption exists within a domestic industry when-
ever imports of an article, like or directly competitive with an
article produced by such domestic industry, are increasing rap-
idly, either absolutely or relatively, so as to be a significant cause
of material injury, or threat thereof, to such domestic industry.
SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAP- i9 use 2437.
PROVAL OF EXTENSION OF NONDISCRIMINATORY TREAT-
MENT AND PRESIDENTIAL REPORTS.
(a) Whenever the President issues a proclamation under section 404
extending nondiscriminatory treatment to the products of any for-
eign country, he shall promptly transmit to the House of Ile]>resenta-
tives and to the Senate a document setting forth the proclamation and
the agreement the proclamation proposes to implement, together with
his reasons therefor.
(b) The President shall transmit to the House of Representatives
and the Senate a document containing the initial report submitted by
him under section 402(b) or 409(b) with respect to a nonmarket econ-
omy country. On or before December 31 of each year, the President
shall transmit to the House of Representatives and the Senate, a docu-
ment containing the report required by section 402(b) or 409(b) as
the case may be, to be submitted on or before such December 31.
(c) (1) In the case of a document referred to in subsection (a)
(other than a document to which paragraph (2) applies), the procla-
mation set forth therein may become effe<^tive and the agreement set
forth therein may enter into force and effect only if the House of
Representatives and the Senate adopt, by an affirmative vote of a
majority of those present and voting in each House, a concurrent
resolution of approval (under the procedures set forth in section 151) ^"^^' P- 2001.
of the extension of nondiscriminatory treatment to the products of
the country concerned.
(2) In the case of a document referred to in subsection (a) which
sets forth an agreement entered into before the date of the enactment
of this Act and a proclamation implementing such agreement, such
proclamation may become effective and such agreement may enter into
force and effect after the close of the 90-day period beginning on the
day on which such document is delivered to the House of Representa-
tives and to the Senate, unless during such 90-day period either the
2064 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
House of Representatives or the Senate adopts, by an affirmative vote
of a majority of those present and voting in that House, a resolution
Ante, p. 2004. ^^ disapproval (under the procedures set forth in section 152) of the
extension of nondiscriminatory treatment to the products of the coun-
try concerned.
(3) In the case of a document referred to in subsection (b) which
contains a report submitted by the President under section 402(b) or
409(b) with respect to a nonmarket economy country, if, before the
close of the 90-day period beginning on the day on which such docu-
ment is delivered to the House of Representatives and to the Senate,
either the House of Representatives or the Senate adopts, by an affirm-
ative vote of a majority of those present and voting in that House, a
resolution of disapproval (under the procedures set forth in section
152) of the report submitted by the President with respect to such
country, then, beginning with the day after the date of the adoption
of such resolution of disapproval, (A) nondiscriminatory treatment
shall not be in force with respect to the products of such country, and
the products of such country shall be dutiable at the rates set forth in
19 use 1202. j.^j.^ column numbered 2 of the Tariff Schedules of the United States,
(B) such country may not participate in any program of the Govern-
ment of the United States which extends credit or credit guarantees
or investment guarantees, and (C) no commercial agreement may
thereafter be concluded with such country under this title.
19 use 2438. SEC. 408. PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED
UNITED STATES CITIZENS AND NATIONALS.
(a) The arrangement initialed on July 5, 1974, with respect to the
settlement of the claims of citizens and nationals of the United
States against the Government of Czechoslovakia shall be renegoti-
ated and shall be submitted to the Congress as part of any agreement
entered into under this title with Czechoslovakia.
(b) The United States shall not release any gold belonging to
Czechoslovakia and controlled directly or indirectly by the United
States pursuant to the provisions of the Paris Reparations Agree-
61 Stat. 3157. mcnt of January 24,1946, or otherwise, until such agreement has been
approved by the Congress.
19 use 2439. gEc^ 409. FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE
IN THE UNITED STATES.
(a) To assure the continued dedication of the United States to the
fundamental human rights and welfare of its own citizens, and not-
withstanding any other provision of law, on or after the date of the
enactment of this Act, no nonmarket economy country shall participate
in any program of the Government of the United States which extends
credits or credit guarantees or investment guarantees, directly or
indirectly, and the President of the United States shall not conclude
any commercial agreement with any such country, during the period
beginning with the date on which the President determines that such
country—•
/ (1) denies its citizens the right or opportunity to join per-
manently through emigration, a very close relative in the United
State, such as a spouse, parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or other docu-
ments required for emigration described in paragraph (1) ; or
(3) imposes more than a nominal tax, levy, fine, fee, or other
charge on any citizen as a consequence of the desire of such
citizen to emigrate as described in paragraph (1),
and ending on the date on which the President determines that such
country is no longer in violation of paragraph (1), (2), or (3).
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2065
(b) After tlie date of the enactment of this Act, (A) a nonmarket
economy country may participate in any program of the Government
of the United States which extends credits or credit guarantees or
investment guarantees, and (B) the President may conclude a com- c<frf res's!°
mercial agreement with such country, only after the President has
submitted to the Congress a report indicating that such country is not
in violation of paragraph (1), (2), or (3) of subsection ( a ) . Such
report with respect to such country shall include information as to
the nature and implementation of its laws and policies and restrictions
or discrimination applied to or against persons wishing to emigrate
to the United States to join close relatives. The report required by this
subsection shall be submitted initially as provided herein and, with
current information, on or before each June 30 and December 31 there-
after, so long as such credits or guarantees are extended or such agree-
ment is in effect.
(c) This section shall not apply to any country the products of
which are eligible for the rates set forth in rate column numbered 1
of the Tariff Schedules of the United States on the date of enactment
of t h i s A c t . 19 u s e 1202.
(d) During any period that a waiver is in effect with respect to any
nonmarket economy country under section 402(c), the provisions of
subsections (a) and (b) shall not apply with respect to such country.
SEC. 410. EAST-WEST TRADE STATISTICS MONITORING SYSTEM. i9 use 2440.
The International Trade Commission shall establish and maintain
a program to monitor imports of articles into the United States from
nonmarket economy countries and exports of articles from the United
States to nonmarket economy countries. To the extent feasible, the
Commission shall coordinate such program with any relevant data
gathering programs presently conducted by the Secretary of Com-
merce. The Secretary of Commerce shall provide the Commission
with any information which, in the determination of the Commission,
is necessary to carry out this section. The Commission shall publish da^ta'"t^an^smittai
a detailed summary of the data collected under the East-West Trade to eongress.
Statistics Monitoring System not less frequently than once each calen-
dar quarter and shall transmit such publication to the East-West
Foreign Trade Board and to Congress. Such publication shall include
data on the effect of such imports, if any, on the production of like, or
directly competitive, articles in the United States and on employment
within the industry which produces like, or directly competitive,
articles in the United States.
SEC. 411. EAST-WEST FOREIGN TRADE BOARD. i9 use 2441.
(a) The President shall establish an East-West Foreign Trade Establishment.
Board (hereinafter referred to as the "Board") to monitor trade
between persons and agencies of the United States Government and
nonmarket economy countries or instrumentalities of such countries
to insure that such trade will be in the national interest of the United
States.
( b ) ( 1 ) Any person who exports technology vital to the national Report.
interest of the United States to a nonmarket economy country or an
instrumentality of such country, and any agency of the United States
which provides credits, guarantees or insurance to such country or
such instrumentality in an amount in excess of $5,000,000 during any
calendar year, shall file a report with the Board in such form and
manner as the Board requires which describes the nature and terms
of such export or such provision.
(2) F o r purposes of paragraph (1), if the total amount of credits,
guarantees and insurance which an agency of the United States pro-
vides to all nonmarket economy countries and the instrumentalities
2066 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
of such countries exceeds $5,000,000 during a calendar year, then all
subsequent provisions of credits, guarantees or insurance in any
amount, during such year shall be reported to the Board under the
provisions of paragraph (1).
Report to
Congress. (c) The Board shall submit to Congress a quarterly report on trade
between the United States and nonmarket economy countries and
instrumentalities of such countries. Such report shall include a review
of the status of negotiations of bilateral trade agreements between
the United States and such countries under this title, the activities of
joint trade commissions created pursuant to such agreements, the reso-
lution of commercial disputes between the United States and such
countries, any exports from such countries w^hich have caused disrup-
tion of United States markets, and recommendations for the promo-
tion of east-west trade in the national interest of the United States.
TITLE V—GENERALIZED SYSTEM OF
PREFERENCES
19 use 2461. SEC 5Q1 AUTHORITY TO EXTEND PREFERENCES.
The President may provide duty-free treatment for any eligible
article from any beneficiary developing country in accordance with
the provisions of this title. In taking any such action, the President
shall have due regard for—
(1) the effect such action will have on furthering the economic
development of developing countries;
(2) the extent to whicli other major developed countries are
undertaking a comparable effort to assist developing countries by
granting generalized preferences with respect to imports of prod-
ucts of such countries; and
(3) the anticipated impact of such action on United States
producers of like or directly competitive products.
19 use 2462. SEC. 502. BENEFICIARY DEVELOPING COUNTRY.
devfio"ln'^'co^n- (^) ^^"^ ^^^ purposcs of this title, the term "beneficiary developing
try." country" means any country with respect to which there is in effect
an Executive order by the President of the United States designating
such country as a beneficiary developing country for purposes of this
title. Before the President designates any country as a beneficiary
developing country for purposes of this title, he shall notify the House
of Representatives and the Senate of his intention to make such desig-
nation, together with the considerations entering into such decision.
(2) If the President has designated any country as a beneficiary
developing country for purposes of this title, he shall not terminate
such designation (either by issuing an Executive order for that pur-
pose or by issuing an Executive order which has the effect of terminat-
ing such designation) unless, at least 60 days before such termination,
he has notified the House of Representatives and the Senate and has
notified such country of his intention to terminate such designation,
together with the considerations entering into such decision.
"Country." (g) j^Qr purposcs of this title, the term "country" means any for-
eign country, any overseas dependent territory or possession of a
foreign country, or the Trust Territory of the Pacific Islands. I n the
case of an association of countries which is a free trade area or customs
union, the President may by Executive order provide that all members
of such association other than members which are barred from desig-
nation under subsection (b) shall be treated as one country for pur-
poses of this title.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2067
(b) No designation shall be made under this section with respect to Designation
J! j-1 J! 11 • •*• restriction.
any oi the rollowmg:
Australia Japan
Austria Monaco
Canada New Zealand
Czechoslovakia Norway
European Economic Com- Poland
munity member states Republic of South Africa
Finland Sweden
Germany (East) Switzerland
Hungary Union of Soviet Socialist
Iceland Republics
I n addition, the President shall not designate any country a beneficiary
developing country under this section—
(1) if such country is a Communist country, unless (A) the
products of such country receive nondiscriminatory treatment,
(B) such country is a contracting party to the General Agreement
on Tariffs and Trade and a member of the International Mone-
tary Fund, and (C) such country is not dominated or controlled
by international communism;
(2) if such country is a member of the Organization of Petro-
leum Exporting Countries, or a party to any other arrangement
of foreign countries, and such country participates in any action
pursuant to such arrangement the effect of which is to withhold
supplies of vital commodity resources from international trade
or to raise the price of such commodities to an unreasonable
level and to cause serious disruption of the world economy;
withhold supplies of vital commodity resources from interna-
tional trade or to raise the price of such commodities to an
unreasonable level which causes serious disruption of the world
economy;
(3) if such country affords preferential treatment to the
products of a developed country, other than the United States,
which has, or is likely to have, a significant adverse effect on
United States commerce, unless the President has received assur-
ances satisfactory to him that such preferential treatment will
be eliminated before January 1, 1976, or that action will be taken
before January 1, 1976, to assure that there will be no such
significant adverse effect, and he reports those assurances to the
Congress;
(4) if such country—
(A) has nationalized, expropriated, or otherwise seized
ownership or control of property owned by a United States
citizen or by a corporation, partnership, or association which
is 50 percent or more beneficially owned by United States
citizens,
(B) has taken steps to repudiate or nullify an existing
contract or agreement with a United States citizen or a cor-
poration, partnership, or association which is 50 percent or
more beneficially owned by United States citizens, the effect
of which is to nationalize, expropriate, or otherwise seize
ownership or control of property so owned, or
(C) has imposed or enforced taxes or other exactions,
restrictive maintenance or operational conditions, or other
measures with respect to property so owned, the effect of
which is to nationalize, expropriate, or otherwise seize owner-
ship or control of such property,
unless—
2068 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(D) the President determines that—
(i) prompt, adequate, and effective compensation has
been or is being made to such citizen, corporation, part-
nership, or association,
(ii) good faith negotiations to provide prompt, ade-
quate, and effective compensation under the applicable
provisions of international law are in progress, or such
country is otherwise taking steps to discharge its obliga-
tions under international law with respect to such citizen,
corporation, partnership, or association, or
(iiij a dispute involving such citizen, corporation, part-
nership, or association over compensation for such a
seizure has been submitted to arbitration under the pro-
visions of the Convention for the Settlement of Invest-
ment Disputes, or in another mutually agreed upon
forum, and
promptly furnishes a copy of such determination to the Senate
and House of Representatives;
(5) if such country does not take adequate steps to cooperate
with the United States to prevent narcotic drugs and other con-
trolled substances (as listed in the schedules in section 202 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 812)) produced, processed, or transported in such
country from entering the United States unlawfully; and
(6) if such country fails to act in good faith in recognizing as
binding or in enforcing arbitral awards in favor of United States
citizens or a corporation, partnership or association which is 50
percent or more beneficially owned by United States citizens, which
have been made by arbitrators appointed for each case or by
permanent arbitral bodies to which the parties involved have sub-
mitted their dispute.
Paragraphs (4), (5), and (6) shall not prevent the designation of
any country as a beneficiary developing country under this section if
the President determines that such designation will be in the national
economic interest of the United States and reports such determination
to the Congress with his reasons therefor.
(c) I n determining whether to designate any country a beneficiary
developing country under this section, the President shall take into
account—
(1) an expression by such country of its desire to be so
designated;
(2) the level of economic development of such country, includ-
ing its per capita gross national product, the living standards of
its inhabitants, and any other economic factors which he deems
appropriate ;
(3) whether or not the other major developed countries are
extending generalized preferential tariff treatment to such coun-
t r y ; and
(4) the extent to which such country has assured the United
States it Avill provide equitable and reasonable access to the
markets and basic commodity resources of such country.
(d) General headnote 3(a) to the Tariff Schedules of the United
States (19 U.S.C. 1202) (relating to products of insular possessions)
is amended by adding at the end thereof the following new paragraph:
" (iii) Subject to the limitations imposed under sections 503 (b)
and 504(c) of the Trade Act of 1974, articles designated eligible
articles under section 503 of such Act which are imported from
an insular possession of the United States shall receive duty treat-
88 STAT.] PUBLIC LAW 93-618-JAN. 3, 1975 2069
ment no less favoiable than the treatment afforded such articles
imported from a beneficiary developing comitry under title V
of such Act."
(e) The President may exempt from the application of paragraph emptions.
u s e 2462.
(2) of subsection (b) any country during the period during which
such country (A) is a party to a bilateral or multilateral trade agree-
ment to which the United States is also a party if such agreement
fulfills the negotiating objectives set forth in section 108 of assuring
the United States fair and equitable access at reasonable prices to
supplies of articles of commerce important to the economic require-
ments of the United States and (B) is not in violation of such
agreement by action denying the United States such fair and equitable
access.
SEC. 503. ELIGIBLE ARTICLES. 19 u s e 2 4 6 3 .
(a) The President shall, from time to time, publish and furnish
the International Trade Commission with lists of articles which may
be considered for designation as eligible articles for purposes of this
title. Before any such list is furnished to the Commission, there shall
be in effect an Executive order under section 502 designating benefi-
ciary developing countries. The provisions of sections 131, 132, 133,
and 134 of this Act shall be complied with as though action under 1995. Ante, pp. 1994,
section 501 were action under section 101 of this Act to carry out a Ante, p . 1982.
trade agreement entered into under section 101. After receiving the
advice of the Commission with respect to the listed articles, the Presi-
dent shall designate those articles he considers appropriate to be
eligible articles for purposes of this title by Executive order.
(b) The duty-free treatment provided under section 501 with
respect to any eligible article shall apply only—
(1) to an article which is imported directly from a beneficiary
developing country into the customs territory of the United
States; and
(2) (A) if the sum of (i) the cost or value of the materials pro-
duced in the beneficiary developing country plus (ii) the direct
costs of processing operations performed in such beneficiary de-
veloping country is not less than 35 percent of the appraised value
of such article at the time of its entry into the customs territory of
the United States; or
(B) if the sum of (i) the cost or value of the materials pro-
duced in 2 or more countries which are members of the same asso-
ciation of countries which is treated as one country under section
502(a) (3), plus (ii) the direct costs of processing operations per-
formed in such countries is not less than 50 percent of the
appraised value of such article at the time of its entry into
the customs territory of the United States.
For purposes of paragraph (2) ( A ) , the term "country" does not " e o u n t r y . "
include an association of countries which is treated as one country
under section 502(a) (3) but does include a country which is a member
of any such association. The Secretary of the Treasury shall prescribe R e g u l a t i o n s .
such regulations as may be necessary to carry out this subsection.
(c) (1) The President may not designate any article as an eligible a rImport-sensitive
ticles.
article under subsection (a) if such article is within one of the follow-
ing categories of import-sensitive articles—
(A) textile and apparel articles which are subject to textile
agreements,
(B) watches,
(C) import-sensitive electronic articles,
(D) import-sensitive steel articles.
2070 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
(E) footwear articles specified in items 700.05 through 700.27,
700.29 through 700.53, 700.55.23 through 700.55.75, and 700.60
19 use 1202. through 700.80 of the Tariff Schedules of the United States,
( F ) import-sensitive semimanufactured and manufactured
glass products, and
(G) any other articles which the President determines to be
import-sensitive in the context of the Generalized System of
Preferences.
(2) No article shall be an eligible article for purposes of this title
for an^ period during which such article is the subject of any action
Ante, p. 2 015. proclaimed pursuant to section 203 of this Act or section 232 or 351 of
198^1 "^^ ^ ^^^' ^^® ^^ "^® P^xpansion Act of 1962.
19 use 2464. SEC. 504. LIMITATIONS ON PREFERENTIAL TREATMENT.
(a) The President may withdraw, suspend, or limit the application
of the duty-free treatment accorded under section 501 with respect to
any article or with respect to any country; except that no rate of
duty may be established in respect of any article pursuant to this
section other than the rate which would apply but for this title. In
taking any action under this subsection, the President shall consider
the factors set forth in sections 501 and 502 (c).
Beneficiary (^^ 'j^j^g President shall, after complying with the requirements of
try'[^designa^ti'"n' section 502(a) (2), withdraw or suspend the designation of any country
withdrawal or as a beneficlary developing country if, after such designation, he
suspension. determines that as the result of changed circumstances such country
would be barred from designation as a beneficiary developing country
under section 502(b). Such country shall cease to be a beneficiary
developing country on the day on which the President issues an
Executive order revoking his designation of such country under
section 502.
(c) (1) Whenever the President determines that any country—
(A) has exported (directly or indirectly) to the United States
during a calendar year a quantity of an eligible article having an
appraised value in excess of an amount which bears the same ratio
to $25,000,000 as the gross national product of the United States
for the preceding calendar year, as determined by the Depart-
ment of Commerce, bears to the gross national product of the
United States for calendar year 1974, or
(B) except as provided m subsection ( d ) , has exported (either
directly or indirectly) to the United States a quantity of any
eligible article equal to or exceeding 50 percent of the appraised
value of the total imports of such article into the United States
during any calendar year,
then, not later than 60 days after the close of such calendar year, such
country shall not be treated as a beneficiary developing country with
Publication in respect to such article, except that, if before such 60th day, tlie Presi-
Federal Register.
dent determines and publishes in the Federal Register that, with
respect to such country—
(i) there has been an historical preferential trade relationship
between the United States and such country,
(ii) there is a treaty or trade agreement in force covering eco-
nomic relations between such country and the United States, and
(iii) such country does not discriminate against, or impose
unjustifiable or unreasonable barriers to, United States commerce,
then he may designate, or continue the designation of, such country as
a beneficiary developing country with respect to such article.
(2) A country which is no longer treated as a beneficiary developing
country with respect to an eligible article by reason of this subsection
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2071
may be redesignated, subject to the provisions of section 502, a benefi-
ciary developing country with respect to such article if imports of such
article from such country did not exceed the limitations in paragraph
(1) of this subsection during the preceding calendar year.
(d) Subsection (c) (1) (B) does not apply with respect to any eligi-
ble article if a like or directly competitive article is not produced on
the date of enactment of this Act in the United States.
(e) No action pursuant to section 501 may affect any tariff duty . ^"'"•^° ^'^°j
imposed by the Legislature of Puerto Kico pursuant to section 319 of'J^ty'^^
the Tariff Act of 1930 (19 U.S.C. sec. 1319) on coffee imported into
Puerto Rico.
SEC. 505. TIME LIMIT ON TITLE; COMPREHENSIVE REVIEW. i9 use 2465.
(a) No duty-free treatment under this title shall remain in effect
after the date which is 10 years after the date of the enactment of this
Act.
(b) On or before the date which is 5 years after the date of the Presidential
report to Con-
enactment of this Act, the President shall submit to the Congress a full gress .
and complete report of the operation of this title.
TITLE VI—GENERAL PROVISIONS
SEC. 601. DEFINITIONS. i9 use 2481,
For purposes of this Act—
(1) The term "duty" includes the rate and form of any import
duty, including but not limited to tariff-rate quotas.
(2) The term "other import restriction" includes a limitation,
prohibition, charge, and exaction other than duty, imposed on
importation or imposed for the regulation of importation. The
term does not include any orderly marketing agreement.
(3) The term "ad valorem" includes ad valorem equivalent.
Whenever any limitation on the amount by which or to which any
rate of duty may be decreased or increased pursuant to a trade
agreement is expressed in terms of an ad valorem percentage, the
ad valorem amount taken into account for purposes of such
limitation shall be determined by the President on the basis of
the value of imports of the articles concerned during the most
recent representative period.
(4) The term "ad valorem equivalent" means the ad valorem
equivalent of a specific rate or, in the case of a combination of
rates including a specific rate, the sum of the ad valorem equiva-
lent of the specific rate and of the ad valorem rate. The ad
valorem equivalent shall be determined by the President on the
basis of the value of imports of the article concerned during the
most recent representative period. I n determining the value of
imports, the President shall utilize, to the maximum extent
practicable, the standards of valuation contained in section 402
or 402a of the Tariff Act of 1930 (19 U.S.C. sec. 1401a or 1402)
applicable to the article concerned during such representative
period.
(5) An imported article is "directly competitive with" a domes-
tic article at an earlier or later stage of processing, and a domestic
article is "directly competitive with" an imported article at an
earlier or later stage of processing, if the importation of the
article has an economic effect on producers of the domestic article
comparable to the effect of importation of articles in the same
stage of processing as the domestic article. For purposes of this
paragraph, the unprocessed article is at an earlier stage of
processing.
2072 PUBLIC LAW 93-618-jAN. 3, 1975 [88 STAT.
(6) The term "modification", as applied to any duty or other
import restriction, includes the elimination of any duty or other
import restriction.
(7) The term "existing" means (A) when used, without the
specification of any date, with respect to any matter relating to
entering into or carrying out a trade agreement or other action
authorized by this Act, existing on the day on which such trade
agreement is entered into or such other action is taken; and (B)
when used with respect to a rate of duty, the nonpreferential rate
of duty (however established, and even though temporarily sus-
pended by Act of Congress or otherwise) set forth in rate column
numbered 1 of schedules 1 through 7 of the Tariff Schedules of
19 u s e 1202. the United States on the date specified or (if no date is specified)
on the day referred to in clause ( A ) .
(8) A product of a country or area is an article which is the
growth, produce, or manufacture of such country or area.
(9) The term "nondiscriminatory treatment" means most-
favored-nation treatment.
(10) The term "commerce" includes services associated with
international trade.
19 use 1352. SEC. 602. RELATION TO OTHER LAWS.
(a) The second and third sentences of section 2(a) of the Act
entitled "An Act to amend the Tariff Act of 1930," approved June 12,
1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by
striking out "this Act or the Trade Expansion Act of 1962" and insert-
ing in lieu thereof "this Act or the Trade Expansion Act of 1962 or
the Trade Act of 1974".
19 use 1872. (b) Section 242 of the Trade Expansion Act of 1962 is amended
as follows:
(1) by striking out "351 and 352" in subsection (a) and insert-
ing in lieu thereof "201, 202, and 203 of the Trade Act of 1974";
(2) by striking out "with respect to tariff adjustment" in sub-
section ( b ) ( 2 ) ;
(3) by striking out "301(e)" in subsection (b) (2) and insert-
ing in lieu thereof "201 (d) of the Trade Act of 1974" ;
(4) by striking out "concerning foreign import restrictions"
in subsection (b) (3) ; and
(5) by striking out "section 252(d)" each place it appears and
inserting in lieu thereof "subsections (c) and (d) of section 301
of the t r a d e Act of 1974".
19 use 1981. (c) Section 351(c) (1) (B) of the Trade Expansion Act of 1962 is
amended by striking out "unless extended under paragraph (2)," and
inserting in lieu thereof the following: "unless extended under section
203 of the Trade Act of 1974,".
Repeals. ((J) Scctious 202, 211, 212, 213, 221, 222, 223, 224, 225, 226, 231,
241, 243, 252, 253, 254, 255(a), 256, so much of 301 and 302 as is not
repealed by subsection (e), 351(c) (2) and (d) (3), 361, 401, 402, 403,
404, and 405 (1), (3), (4), and (5) of the Trade Expansion Act of
1962 are repealed.
Repeals. (g) Sectious 301(a) (2) and (3), (c), ( d ) ( 2 ) , (f) (1) and (3),
302(b) (1) and (2), (c), ( d ) , and (e), 311 through 315, 317(a),
321 through 338 of the Trade Expansion Act of 1962 are repealed on
the 90th day following the date of the enactment of this Act.
no^te."^^ ^^°^ (f) ^^1 provisions of law (other than this Act, the Trade Expansion
i9*usc 1801 Act of 1962, and the Trade Agreements Extension Act of 1951) in
note, 1360 note, gflfg^^ ^f<-gj. ^^^ ^^^^ ^f enactment of this Act, referring to section 350
19 use 13 51. of the Tariff Act of 1930, to that section as amended, to the Act entitled
"An Act to amend the Tariff Act of 1930," approved June 12, 1934, to
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2073
that Act as amended or to the Trade Expansion Act of 1962, or to i9 use isoi
agreements entered into, or proclamations issued, or actions taken n o t e .
under any of such provisions, shall be constiTied, unless clearly pre-
cluded by the Context, to refer also to this Act, or to agreements entered
into or proclamations or orders issued, pursuant to this Act.
SEC. 603. INTERNATIONAL TRADE COMMISSION. i9 use 2482
(a) I n order to expedite the performance of its functions under this
Act, the International Trade Commission may conduct preliminary
investigations, determine the scope and manner of its proceedings, and
consolidate proceedings before it.
(b) I n performing its functions under this Act, the Commission
may exercise any authority granted to it under any other Act.
(c) The Commission shall at all times keep informed concerning the
operation and effect of provisions relating to duties or other import
restrictions of the United States contained in trade agreements entered
into under the trade agreements program.
SEC. 604. CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES. i9 use 2483
The President shall from time to time, as appropriate, embody in
the Tariff Schedules of the United States the substance of the relevant ^ ^ "^*^ ^^02
provisions of this Act, and of other Acts affecting import treatment^
and actions thereunder, including modification, continuance, or
imposition of any rate of duty or other import restriction.
SEC. 605. SEPARABILITY. 19 use 2101
If any provision of this Act or the application of any provision "°*^'
to any circumstances or persons shall be held invalid, the validity of
the remainder of this Act, and of the application of such provision
to other circumstances or persons, shall not be affected thereby.
SEC. 6C6. INTERNATIONAL DRUG CONTROL. i9 use 2484
The President shall submit a report to Congress at least once each portP r e s i d e n t i a l re-
to e o n g r e s s .
calendar year listing those foreign countries in which narcotic drugs
and other controlled substances (as listed under section 202 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 812)) are produced, processed, or transported for unlaAvful
entry into the United States. Such report shall include a descrip-
tion of the measures such countries are taking to prevent such produc-
tion, processing, or transport.
SEC. 607. VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE 19 use 2485.
UNITED STATES.
No person shall be liable for damages, penalties, or other sanctions
under the Federal Trade Commission Act (15 U.S.C. 41-77) or the
Antitrust Acts (as defined in section 4 of the Federal Trade Com-
mission Act (15 U.S.C. 44)), or under any similar State law, on
•account of his negotiating, entering into, participating in, or imple-
menting an arrangement providing for the voluntary limitation on
exports of steel and steel products to the United States, or any modifi-
cation or renewal of such an arrangement, if such arrangement or such
modification or renewal—
(1) was undertaken prior to the date of the enactment of this
Act at the request of the Secretary of State or his delegate, and
(2) ceases to be effective not later than January 1, 1975.
SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND
PRODUCTION.
(a) Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e))
is amended to read as follows:
"(e) STATISTICAL ENUMERATION.—The Secretary of the Treasury,
the Secretary of Commerce, and the United States International Trade
2074 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT.
Commission are authorized and directed to establish from time to
time for statistical purposes an enumeration of articles in such detail
as in their judgment may be necessary, comprehending all merchan-
dise imported into the United States and exported from the United
States, and shall seek, in conjunction with statistical programs for
domestic production, to establish the comparability thereof with such
enumeration of articles. All import entries and export declarations
shall include or have attached thereto an accurate statement specify-
ing, in terms of such detailed enumeration, the kinds and quantities
of all merchandise imported and exported and the value of the total
quantity of each kind of article.".
Commodity
classification (b) i n carrying out the responsibilities under section 484(e), Tariff
systems, study. Act of 1930 and other pertinent statutes, the Secretary of Commerce
19 u s e 1484
note. and the United States International Trade Commission shall conduct
19 u s e 1484. jointly a study of existing commodity classification systems with a
view to identifying the appropriate principles and concepts which
should guide the organization and development of an enumeration
of articles which would result in comparability of United States
Report to import, production, and export data. The Secretary and the United
Congress and
President. States International Trade Commission shall submit a report to both
Houses of Congress and to the President with respect to such study
no later than August 1,1975.
Investigation. (c) In further connection with its responsibilities pursuant to sub-
19 u s e 1484
note. sections (a) and (b), the United States International Trade Commis-
sion shall undertake an investigation under section 332(g) of the
19 u s e 1332. Tariff Act of 1930 which would provide the basis for—
Report to
Congress and (1) a report on the appropriate concepts and principles which
President. should underlie the formulation of an international commodity
code adaptable for modernized tariff nomenclature purposes and
for recording, handling, and reporting of transactions in national
and international trade, taking into account how such a code
could meet the needs of sound customs and trade reporting prac-
tices reflecting the interests of United States and other countries,
such report to be submitted to both Houses of Congress and to the
President as soon as feasible, but in any event, no later than
June 1,1975; and
(2) full and immediate participation by the United States
International Trade Commission in the United States contribu-
tion to technical work of the Harmonized Systems Committee
under the Customs Cooperation Council to assure the recognition
of the needs of the United States business community in the
development of a Harmonized Code reflecting sound principles of
commodity identification and specification and modern producing
methods and trading practices,
Report to
Congress and and, in carrying out sudi reponsibilities, the Commission shall report
President. to both Houses of Congress and to the President, as it deems appro-
priate.
Federal agen-
c i e s , coopera- (d) The President is requested to direct the appropriate agencies
tion. to cooperate fully with the Secretary of Commerce and the United
19 u s e 1484
note. States International Trade Commission in carrying out their responsi-
bilities under subsections ( a ) , ( b ) , a n d (c).
Effective d a t e .
19 u s e 1484 (e) The amendment made by subsection (a) insofar as it relates to
note. export declarations shall take effect on January 1,1976.
SEC. 609. SUBMISSION OF STATISTICAL DATA ON IMPORTS AND
EXPORTS.
(a) Section 301 of title 13, United States Code, is amended—
(1) by inserting " ( a ) " before "The Secretary"; and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2075
(2) by adding at the end thereof the following new subsections:
" ( b ) The Secretary shall submit to the Committee on Ways and statistics, sub-
•» r /• 1 Tx /• T-» • 1 1 /'-( • x-<- mittal to congres-
Means oi the House ot Kepresentatives and the Committee on i^ mance sionai committees.
of the Senate, on quarterly and cumulative bases, statistics on United
States imports for consumption and United States exports by country
and by product. Statistics on L^nited States imports shall be submitted
in accordance with the Tariff Schedules of the United States Annotated
and general statistical headnote 1 thereof, in detail as follows:
" (1) net quantity;
"(2) United States customs value;
"(3) purchase price or its equivalent;
"(4) equivalent of arm's length value;
"(5) aggregate cost from port of exportation to United States
port of entry;
"(6) a United States port of entry value comprised of (5)
plus (4), if applicable, or, if not applicable, (5) plus (3) ; and
"(7) for transactions where (3) and (4) are equal, the total
value of such transactions.
The data for paragraphs (1), (2), (3), (5), and (6) shall be reported
separately for nonrelated and related party transactions, and shall
also be reported as a total of all transactions.
"(c) I n submitting any information under subsection (b) with
respect to exports, the Secretary shall state separately from the total
value of all exports—
"(1) (A) the value of agricultural commodities exported under
the Agricultural Trade Development and Assistance Act of 1954,
as amended; and „iy^^ ^^^^
note.
" ( B ) the total amount of all export subsidies paid to exporters
by the United States under such Act for the exportation of such
commodities; and
"(2) the value of goods exported under the Foreign xVssistance
Act of 1961. 22 u s e 2151
" ( d ) To assist the Secretary to carry out the provisions of sub- note.
sections (b) and (c) —
"(1) the Secretary of Agriculture shall furnish information to
the Secretary concerning the value of agricultural commodities
exported under provisions of the Agricultural Trade Develop-
ment and Assistance Act of 1954, as amended, and the total
amounts of all export subsidies paid to exporters by the United
States under such Act for the exportation of such commodities;
and
"(2) the Secretary of State shall furnish information to the
Secretary concerning the value of goods exported under the pro-
visions of the Foreign Assistance Act of 1961, as amended."
(b) The amendments made by subsection (a) shall take effect on Effective date.
13 u s e 301
January 1,1975. note.
SEC. 610. GIFTS SENT FROM INSULAR POSSESSIONS.
(a) Section 3 2 1 ( a ) ( 2 ) ( A ) of the Tariff Act of 1930 (19 U.S.C.
1321(a) (2) ( A ) ) is amended by inserting after "United States" the
following: "($20, in the case of articles sent as bona fide gifts from
persons in the Virgin Islands, Guam, and American Samoa)".
(b) The amendment made by subsection (a) shall apply with 19 use 1321
respect to articles entered, or withdrawn from warehouse, for con- note
sumption after the date of the enactment of this Act.
SEC. 611. REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES. 19 use ISIJJ
Notwithstanding the provisions of section 515(a) of the Tariff Act note.
of 1930 (19 U.S.C. 1516(a)), in the case of any protest under section
514 of such Act involving the imposition of an import surcharge in the 19 use 1514
2076 PUBLIC LAW 93-619-JAN. 3, 1975 [88 STAT.
form of a supplemental duty pursuant to Presidential Proclamation
02nofer^''*
1202 note
4074, dated August 17, 1971, the time for review and allowing or
denying the protest shall not expire until five years from the date
19 u s e 1514 the protest was filed in accordance with such section 514.
19 u s e 2486 SEC. 612. TRADE RELATIONS WITH CANADA.
I t is the sense of the Congress that the United States should enter
into a trade agreement with Canada which will guarantee continued
stability to the economies of the United States and Canada. I n order
to promote such economic stability, the President may initiate negotia-
tions for a trade agreement with Canada to establish a free trade area
covering the United States and Canada. Nothing in this section shall
be construed as prior approval of any legislation which may be neces-
sary to implement such a trade agreement.
19 use 2487. SEC. 613. LIMITATION ON CREDIT TO RUSSIA.
After the date of enactment of the Trade Act of 1974, no agency of
the Government of the United States, other than the Commodity
Credit Corporation, shall approve any loans, guarantees, insurance, or
any combination thereof, in connection with exports to the Union of
Soviet Socialist Kepublics in an aggregate amount in excess of
$300,000,000 without prior congressional approval as provided by law.
Approved January 3, 1975.
Public Law 93-619
January 3, 1975 ^^ ACT
l^^- '^^'^^ To assist in reducing crime and the danger of recidivism by requiring speedy
trials and by strengthening the supervision over persons released pending
trial, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
AttTi%lt^^ United States of America in Congress assembled^ That this Act may
'is^isc 3161 be cited as the "Speedy Trial Act of 1974".
note.
TITLE I—SPEEDY TRIAL
SEC. 101. Title 18, United States Code, is amended by adding
immediately after chapter 207, a new chapter 208, as follows:
"Chapter 208.—SPEEDY TRIAL
"See.
"3161. Time limits and exclusions.
"3162. Sanctions.
"3163. Effective dates.
"3164. Interim limits.
"3165. District plans—generally.
"3166. District plans—contents.
"3167. Reports to Congress.
"3168. Planning process.
"3169. Federal Judicial Center.
"3170. Speedy trial data.
"3171. Planning appropriations.
"3172. Definitions.
"3173. Sixth amendment rights.
"3174. Judicial emergency.
18 use 3161. "§3161. Time limits and exclusions.
" (a) In any case involving a defendant charged with an offense, the
appropriate judicial officer, at the earliest practicable time, shall, after
consultation with the counsel for the defendant and the attorney for
the Government, set the case for trial on a day certain, or list it for trial
on a weekly or other short-term trial calendar at a place within the
judicial district, so as to assure a speedy trial.

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